A note about plant patents:

Varieties listed in our website with a notation of "patented" or "patent-pending" are protected under Federal law.

Asexual propagation of patented plants (including any of its parts such as leaves, buds, cuttings, seed, fruit or pollen) is strictly prohibited without the written authorization of the patent holder or the patent holder’s agent. Possession of improperly propagated trees of patented varieties (such as the receipt of trees, budwood or graftwood from unauthorized sources) constitutes infringement, even if an illegal propagation was inadvertent.

The U.S. Plant Patent Act of 1930 grants a 17-year monopoly to inventors of new varieties. In 1995 the term of U.S. plant patents was extended to 20 years from the date of filing.

The original intent of providing a monopoly to the breeder or his agent, as stated in the historical record of the time, was to foster plant improvement by providing an economic incentive to develop new varieties. As evidenced by the proliferation of new cultivars from plant breeders, the incentive yielded the desired result.

Unfortunately, patent infringement is not uncommon. Often it’s due to lack of diligence on the part of both nurserymen and growers to become knowledgeable about patented varieties or the plant patent law in general. And, regrettably, some people just don’t play by the rules.

The internet gives the tools of the information age to growers who can easily check the patent status of a variety. Dave Wilson Nursery has endeavored to clearly identify the patented cultivars we offer.

Please contact Robert Woolley <robert@davewilson.com> if additional information about Dave Wilson Nursery trademarks or patented varieties is desired.