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North Texas Objectivist Society (NTOS) Message Board › Patented Plants -- Fair use

Patented Plants -- Fair use

A former member
Post #: 84
Okay, I am married to a seriously dedicated gardener. And I am an Uber berry lover. Think of me as Johnnie Berry Seed.

We have a pretty good sized bed of raspberries. Some of them (though I think not all) are very new breeds and are patented. After about a year -- they are intermingled and it's pretty impossible for me to sort out which is which without taking DNA to the lab.

These things are -- well, almost viral. I use a lawnmower/weedeater to dispose of extra plants outside of their prescribed beds. Now, in addition to being Johnnie Berry Seed, I am a self admitted cheapskate. (I actually use a different term, but polite discussion requires me to tone it down a bit.) And it just kills me to mow these things. So I wonder: where does the line fall for fair use of a patented plant? I am pretty sure that actively rooting patented plants is out -- but these things don't need any active rooting.

The spectrum of possibilities:

  • Plant one... pull up all children (pretty sure this is too far)
  • Allow child plants to thrive (pretty sure that's ok)
  • Pot up child plants -- move to other parts of the property (??)
  • Pot up child plants -- give away for free to friends (??)
  • Sell child plants (and pretty sure this is strictly forbidden)

Plano, TX
Post #: 1,000
I have no answers for you - but more questions:
How hard has it been to get them to grow?? I ADORE raspberries, and we had bushes of them (along with blackberry and huckleberry) back home in NH. I thought it was too hot down here for them!

A former member
Post #: 85
Well, we tried blackberries when I lived there in Plano... and they didn't work so well in the gooey icky black dirt. If you had some sort of raised bed with real dirt... they might grow.

East Texas (and my land in particular) is very very sandy. I can dig a 5 ft post hole and never hit anything but beach sand. Blackberries grow like nobody's bidness. We have about 4 varieties of wild blackberries (2 of which are edible, the other 2 are somewhat.... vomit flavored. And I mean that literally, not figuratively.) Plus we have 5 different cultured blackberry varieties, boysenberry, 3 different raspberry -- not to mention strawberry and blueberry. Did I mention I like berries?

So in short, it's not too hot -- especially for blackberries. It's the soil. If you can get a good draining soil, you might be able to do it there -- but we never were able to.
Plano, TX
Post #: 1,002
Thanks. Maybe I will have to put in another raised bed in the back yard. (Though of course I should probably dig all the weeds out of the other two beds first and make use of those.)
Scott C.
Dallas, TX
Post #: 110
I planted blackberries in my yard. They seem to be doing ok, not great just ok.

Then again it is a rarity to can dig 5 inches in my yard without hitting solid limestone, so don't exactly have normal soil.
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