Spathoglottis 'Mello Yellow'

[MRay]

Resale of purchased protected items is not prohibited by law. Only the clonal propagation is prohibited under U.S. patent law. The question then becomes what to call them so that they are very distinguishable from clonally propagated material.

[CA2FLxplant]

Originally Posted by MRay

Resale of purchased protected items is not prohibited by law. What is prohibited is the propagation thereof. Distributing "seedlings" from a protected variety is still a prohibited form of propagation without the owner's consent.

I don't remember him saying anything about having propagated them, just that he had some seedlings for sale at one time.

I'd love to purchase one or two from him. They're lovely. But I might reconsider if they came from Oglesby's and this is how Oglesby's treats their customers.

[Ray]

Originally Posted by MRay

Resale of purchased protected items is not prohibited by law. What is prohibited is the propagation thereof. Distributing "seedlings" from a protected variety is still a prohibited form of propagation without the owner's consent.

Sorry, but that is highly inaccurate.

Plants are patented to protect a perceived economic advantage.

Patented plants may not be reproduced by asexual means for commercial gain, which is intended to prevent subsequent cloning for resale. Factually, it also applies to divisions, but that is such a slow process that it is economically unfeasible for a commercial entity, so that is basically ignored.

Distributing seedlings of a patented plant is also perfectly legal, as one would have had to have purchased them either from the firm that holds the patent, or someone who has violated that patent, making THEM the problem, not the secondary distribution.

[RJSquirrel]

Mray is full of crap and most likely will not return to accept his fate. Oglesby sells flats online of these when available..how about a better picture from Oglesby so we all know how absolutely beautiful these are indeeD!!

Spathoglottis Garden Orchids

you can see them for yourself from the horses mouth. you just cant buy them from oglesby cus Ray got the last tray for sale!! and thats whats burned someone up.


is there a Patent Law for Dummies book out there?