Before saving seeds or dividing a perennial, check this guide to ensure you’re not breaking the law.
But there can be legal reasons not to propagate some plants.
Most types of plants are legal to propagate, and those that arent are usually clearly labeled.
Credit:miniseries / Getty Images
Maybe youve even noticed the statement propagation strictly forbidden on plant tags before.
Heres what you oughta know to reproduce plants from your garden without worrying about whether its a crime.
James Myersis a plant hybridizer and professor at Oregon State University.
Credit:James Myers
Look for them onyour plants tags, in nursery catalogs, on seed packets, or online.
All three usually last for 20 years before they expire.
When they expire, the plant is legal to propagate.
Take theAutumn Princess azalea patent, for example.
It was applied for on March 17, 2000.
It expired on the same day in 2020.
Just because a nursery tag says propagation prohibited doesnt necessarily mean its true.
Sometimes tags say that to discourage home growers without any legal basis.
Sometimes IP is abandoned or invalidated before 20 years is over.
The only way to know for sure is to look up the patent or PVP itself.
TheUSDA PVP sitehas the same information for PVPs.
it’s possible for you to also just punch in the IP number into a search engine.
Its constantly being rewritten through legal cases, he says.
But there are some major differences that home gardeners should know about between the following types of plant IP.
Plant patents
These are the most common.
They prohibit you from any kind of asexual propagation (AKA vegetative propagation).
Basically, the only legal way to reproduce a plant with this jot down of patent is by seed.
But Myers says that plant patents dont actually guarantee the right togrow from seed.
They just dont prohibit it.
Plant patent numbers begin with USPP.
There are a few common variations on tags like PP, US Plant Patent, or Plant Patent #.
You may see PPAF or plant patent applied for.
Utility patents
Utility patents are ultra restrictive.
They prohibit every key in of propagation down to high-tech genetic modification that might copy protected genes.
you might tell them from plant patents just by looking at their numbers.
Plant patents and utility patents both begin with US but utility patents dont have a PP.
Plant Variety Protection certificates
PVPs are best known for prohibiting propagating certified plants by seed.
This exemption is usually considered to extend to everyone for their own use at home.
But the exemption may not last.
One of the desires of companies would be to eliminate breeders and farmers exemptions, says Myers.
And there is a possibility that this would happen if the law for PVP were opened for legislative reform.
Trees and vines with PVPS are protected for 25 years, rather than the current 20-year plant IP lifetime.
Buthome gardeners should be aware ofand respect them too.
A lot of themost exciting new plantswere produced by experts with doctorates who spent decades working on them.
Myers has produced important crops at Oregon State.
The PVPs are the only revenue stream that I have for the Indigo tomatoes, says Myers.
Im critical of plant IP, but its been important for making my work possible.
Frequently Asked Questions
If you’ve lost the plant tag, do your best to ID it.
A trademark symbol on a plant tag only indicates that the name itself is trademarked.
Community plant swaps have strict rules forbidding attendees from bringing protected plants as well.
