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Originally Posted by whynot
Hi, all. I was just playing with the thought of creating a cold hardy triploid and am noticing that the available tetraploids seem to be patented. Anyone know if SH-3640 is patented? any other options? As I understand it, using patented material to make a cross is violation of that patent, am I wrong in assuming this? thanks
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Though asexual reproduction may be prohibited on a patented cultivar, there is no regulation against using the plant in sexual reproduction. In other words, the seed or pollen from a patented variety may be used without permission of the patent holder. The offspring are free of patent regulations.
What does it mean when nursery plants are patented or trademarked? | Oregon State University Extension Service | Gardening