Recently, while planting my spring flowers, I stumbled upon a fascinating example of how patents influence our daily lives in the Brunnera Jack Frost, or Siberian Bugloss, False Forget Me Not, which is patented. (The Jack Frost is one of my favorite plants ever, btw, because of how easy they are to grow. You can find them here.)

I don’t prosecute plant patents, but this discovery sparked my curiosity. Could I be infringing a patent if I propagate my own plants in my backyard? So I looked it up.

A plant patent precludes others from asexually reproducing, selling, offering for sale, or using the patented plant or any of its parts in the United States or importing them into the United States.

When a plant variety is protected by a patent, the patent owner holds several rights. These rights are primarily focused on commercial activities, but they also have implications for private individuals who wish to propagate patented plants for non-commercial purposes.

Generally, the patent owner has the sole authority to propagate the patented plant variety and control its commercial propagation. This means that others cannot legally propagate the plant without the patent owner's permission. Including private individuals like me.

Conclusion:

I’ll spend the $20 on a plant to make sure I’m not infringing any patents.