Setting Patent Rights

I was curious about any patent information about the Raspberry Red Nectarine.I did a search at Patent Genius,which has been helpful before,but that site didn’t seem to have anything about the fruit.
My decision was then to contact the CRFG,whose hybridizer group developed this one.
Andy Mariani,who probably belongs to and may be an officer,sent me this reply:
Here’s the policy set by the Hybridizers’ Group: Once you’ve purchased either a tree or scion wood at the scion exchange, you may propagate our cultivars for personal use only. Commercial propagation is not authorized nor is sharing with others. If a friend wishes to propagate, he or she must purchase scions at the CRFG’s scion exchange. The 2017 exchange should have plenty of scions available. Raintree Nursery has also contracted to propagate trees of Raspberry Red nectarine.
So,I’m still not sure if the plant is patented or if there is a time limit to their policy.The wording is also a little different from other patent info,in that,as far as I know,no one that is not licensed,can propagate from cuttings,a patented plant for about 20 years,even for personal use. Brady

I think this is similar to how the club apples work - all growers sign a non-propagation contract. Greenmantle used to do something similar with some of their Etter varieties, not sure they are still doing it though.

This method provides only limited protection as all it takes is one person to “leak” the variety out and once it is out to people not signing the agreement it is all over. I got a few varieties from that CRFG program and have not sent them to anyone since I signed such an agreement.

1 Like

That sounds like the difference between a patent and merely a trademark to me. I think the same is true of Peterson’s Wabash and Potomac pawpaws, for instance. I think an individual can multiply from his own trees, but it’s not legal to sell trees without a license. I’m sure others on this forum know about these things better than I do, though.

A trademark is for the name only - you can’t sell Pink Lady trees but you can sell the same tree as Cripps’ Pink.

4 Likes

Yes, I believe that’s still the case with their Rosetta and Sweetmeat Crab selections. The names are generally trademarked as well.

similarly, jfae sells qiyue xian and mango dong zao jujube trees , instead of onegreenworld’s trademarked autumn beauty and winter delight.

If you sign a contract, it can have just about any restrictions that aren’t illegal. I don’t think that has a time limit unless it is set in the contract.