Zeedman
Garden Master
There are two types of plant patents. The PVP patents described by @Bluejay77 are the most common. If you buy patented seed or stock from a retail outlet, what you are getting is 99.99% likely to be PVP. There should be labeling on the seed packet or plant marker that identifies it as PVP. You can save seed for PVP varieties & multiply PVP stock, but strictly for your own use... you can't legally sell or share what you grow with others. No one will be coming after you just for growing & saving these.
The other patent (Utility patent) is often used for genetically modified plants, such as agricultural cultivars of soybeans & corn (and has occasionally been misused to patent a vegetable trait, such as warted pumpkins, or yellow beans). Such seeds/plants can only be grown & possessed by a licensed grower, and to my knowledge, none are offered retail to home growers. You would know you are growing one, because some form of contract is required. These are the plants you could potentially be arrested for having, since even growing them for your own use without a license to do so is illegal.
ARS-GRIN has (had?) a site which listed all patented plants; I tried to call up the link, but the site is not responding. That bookmark is several years old, and the web page may have been updated. If I find the link, I'll update this post.
Update: Got it, list of all patented edible or agricultural plants:
https://www.ars-grin.gov/cgi-bin/npgs/pvp/pvplist.pl
The other patent (Utility patent) is often used for genetically modified plants, such as agricultural cultivars of soybeans & corn (and has occasionally been misused to patent a vegetable trait, such as warted pumpkins, or yellow beans). Such seeds/plants can only be grown & possessed by a licensed grower, and to my knowledge, none are offered retail to home growers. You would know you are growing one, because some form of contract is required. These are the plants you could potentially be arrested for having, since even growing them for your own use without a license to do so is illegal.
ARS-GRIN has (had?) a site which listed all patented plants; I tried to call up the link, but the site is not responding. That bookmark is several years old, and the web page may have been updated. If I find the link, I'll update this post.
Update: Got it, list of all patented edible or agricultural plants:
https://www.ars-grin.gov/cgi-bin/npgs/pvp/pvplist.pl
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