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?
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.
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.