Can you resell patented plants?

Is it legal for a nursery or individual to buy a fruit tree from a license nursery to resell for a higher price? Say if you buy a 2’ patented fruit tree and grow it for 2 years and then sell for a profit?

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Just an opinion on my part. I think you can sell it again. The patent might only cover reproduction such as clones. Plants like Razz muscadine cant be cross breed to create another plant.

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Plant patent law only covers propagation, not sales. So yes it is legal to resell patented varieties provided they were originally propagated legally.

It gets a little dicey with things like patented blackberries which will naturally propagate themselves. Then you may run into trouble selling those without a license from the assignee of the patent.


Yes, it is legal. Many of the big retail nurseries are just reselling trees propagated at bigger wholesale nurseries.
I bought 5 bare root Joan J raspberries that I put in pots. I plan to sell 2 or 3 when they are fruiting, to recover most/all of my investment. If I put them in the ground, I would have to kill the roots when I pulled them up. Otherwise, it would be an illegal propagation.
There are a few members on this forum propagating patented brambles, and snitching on themselves. Go figure.

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