Recording-2025-09-04T15:00:59.398Z

Session Overview: Plant Patents, Trademarks, Naming, and Practical Horticulture

  • instructor announces grading details:
    • the two lowest plant quiz scores will be dropped
    • if you miss a lab, there are no makeup quizzes
    • emphasis on study habits: study, repeat plant names aloud, touch, smell, and visualize plants to memorize names
  • encouragement for ongoing improvement in quizzes and lab performance

Schedule, Location, and Logistics

  • Tomorrow: session remains in current location
  • Next week: on main campus, meeting on the Magin Library plaza (outside the library)
  • Weather contingency:
    • if weather is bad, instructor will email a contingency plan
    • otherwise, proceed as planned

Plant Patents, Cultivar Names, and Trademark Names: Core Concepts

  • Key idea: plant names come in three related but distinct forms: true cultivar names, trade/trademark names, and plant patents
  • True cultivar name:
    • the official, legally recognized name of the cultivated variety
    • often appears in quotes on lists (e.g., Euphorbia Diamond Frost shown as "Diamond Frost")
    • sometimes the exact cultivar name isn’t printed on a list, but the quoted name represents the cultivar
  • Trademark name (brand name):
    • widely used marketing name; not necessarily the official cultivar name
    • can be used inconsistently across catalogs and lists
    • example workflow: a plant may have a trademark name used by the industry, but the cultivar name may differ or be more technical
  • Trade name vs. true cultivar: many plants are known by a trade/trademark name in commerce, while the true cultivar name is the formal designation
  • Plant Patent (PP) and Plant Patent numbers:
    • PP indicates a legally protected cultivar that was developed and patented
    • propagation is restricted unless the patent holder allows it or pays royalties
    • example discussion: a plant with a plant patent has guarded propagation rights, limiting reproduction
    • Plant Patent number cited in the talk: 2378123781 (Spilled Wine Weigela is given as an example in discussion)
    • PP numbers signify patented status and protection for the breeder
  • Plant Patent Applied For (PPAF):
    • indicates that a patent application has been filed but not yet granted
    • used in marketing and planning while the patent is pending
    • worth noting: if a plant isn’t generating significant revenue, breeders may opt not to pursue or maintain the patent due to high costs
  • Trademark considerations:
    • a plant may carry a trademark like "Incrediball" for a hydrangea
    • the symbol TM signals a trademark but does not guarantee legal protection until registered; registered marks offer stronger protection in court
    • common, older examples: some products formerly protected by trademarks (e.g., aspirin, etc.) may become commonplace and less actively enforced over time
  • Naming conventions and rules evolution:
    • historically, many plants used simple cultivar names with terms like rubra (red), alba (white), etc.
    • newer naming rules discourage generic terms and overly simplistic names (e.g., pendula, red, alba) as cultivar identifiers
    • you will often see both the trademark name and the cultivar name on lists, sometimes with the cultivar name in quotes
    • example: red maple cultivar trade name might be "Red Point Maple" (a trademark-style name) while the true cultivar name is something like "Frank Junior" (named after J. Frank Schmidt)
  • Practical examples discussed in class:
    • Euphorbia Diamond Frost: the list shows Diamond Frost in quotes; the speaker indicates the quoted name is the true cultivar name (the exact cultivar designation may be elsewhere)
    • Red maple example: true cultivar name is Frank Junior; trade name sometimes appears as Red Point Maple
    • Spilled Wine Weigela: cited with plant patent number 23781; this is a trademarked cultivar with patent protection for restricted propagation
    • Bokras (Weigela or related genus) example discussed in the context of patent/trade naming and propagation rights
  • Key definitions related to protection and ownership:
    • Plant patent (PP): protects a new and distinct plant variety; prohibits propagation outside licensed use; requires investment of time and energy by breeder; rights protect the breeder's intellectual property
    • Trademark (TM): branding term that can be used in commerce; protection increases with registration; not as robust as a patent in court until registered
    • Plant Patent Applied For (PPAF): status before patent grant; indicates intent to patent and can impact marketing and licensing without full protection yet
  • Costs and practicality of pursuing patents/trademarks:
    • patent application costs can be substantial; commonly cited figure around $4,000−$5,000\$4{,}000{-}\$5{,}000 to pursue, depending on complexity and legal fees
    • if a cultivar proves not to be commercially successful, breeders may decide not to pursue or maintain a patent due to cost and limited return
  • Industry availability and accessibility of patent protection:
    • some highly desirable plants do receive patents/trademarks while others