Royal Lee Cherry still under patent?

General Fruit Growing
#1

Is the Royal Lee Cherry still under patent? I’ve done a search and can’t find any up to date info.

I planted a Minnie Royal and Royal Lee (from two different nurseries) a week ago. The Royal Lee has 2 of 3 branches with no buds. The main trunk also has no buds.

By no buds I mean each bud location does not have a dormant, swelling, or growing bud…whether from being rubbed off in handling or dessication?

I added a few chip bud grafts from the one branch that came with some leaves already (I was told it was a dormant tree… It wasn’t), but I don’t know if they will take.

So my thought was to try to find some scion wood. Can’t find so I assume it’s still under patent?

Alternatively I could graft another kind of low chill cherry IF I could find scions. No can do, at least when I looked. Of course the Minnie Royal still needs a pollinator.

I hate to lose a whole year… Even if the nursery honors it’s product, I will t get the replacement till next year I assume.

???

#2

DWN lists it Royal Lee | Dave Wilson Nursery As patent #12417. Google’s patent search lists it as ‘expired.’ USPP12417P2 - Cherry tree named ‘Regal Lee’ - Google Patents I’m not a patent expert though.

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#3

Thanks… I did find it after some more searching.

I’m surprised I don’t see anyone selling scions for it…even if they are out of stock.

#4

I suspect for many things that were recently patented, a nursery may not realize it has expired until a customer points it out and asks for scionwood. It would be hard for them to keep track of all the patent expiration dates.

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#5

It seems many nurseries fail to update patent status when they expire.

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#6

I managed to find a Royal Lee and a Royal Crimson from a NETX nursery… A much closer trip for shipping than California. They also come in 5 gallon soil as opposed to bare root. They are not dormant of course being in a much warmer climate at the nursery.

Another advantage is I don’t have to transplant right away since they are already on soil.

So I have my Royal Lee replacement if the other fails and a self-fertile Crimson to boot.

BTW Bob Wells Nursery just outside of Tyler, TX. We’ll see how the trees look upon arrival.

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