plant patents

I just read the plant and seed trading primer. I understand that I can share seeds and seedling plants. What about big overgrown named plants? Do they have to be thrown away?
I want to do this stuff ethically.

If they are patented, its my understanding that you can't share seeds or cuttings. The only way they can be legally acquired is from authorized distributors. If they are named, but not patented, you can share all you like. I believe there are very few plants that are patented. I can think of roses and one brug -- 'Snowbank'. Hope this is helpful :) Gretchen

I heard Million Bells were patented too.

Patented plants are sold with tags that say something like "asexual propagation is prohibited": therefore, its OK to share seeds. Patents eventually expire, it's twenty years for plant patents. See this link:
www.pueblo.gsa.gov/cic_text/smbuss/patents/plant.htm

Thank you all so much for the replies. I am learning so much on this Garden site. Ewald, thanks for the link. I love to share plants, seedlings and seeds and have done so for years to help others become interested in gardening. When I saw the work the folks here have put into crossing and developing daylilies I recognized the fact that they deserve protection for their toils. I have not hybridized plants, just did seeds grafts and cuttings.

My understanding of plant patent laws is derived from speaking with several nursery owners who also own several patents on plants, so this is my speil: If you propigate a patented plant for yourself, with no intention of selling it, that is alright. If you propigate a patented plant and give away (GIVE) to your friends, that is alright too. If you propigate a patented plant and SELL it, that is ILLEGAL. However, there are several loopholes I've seen throughout the nursery industry over the years. Back in the 1980's, Monrovia Nurseries held a patent on Rhapleopsis 'Majestic Beauty' Indian hawthorn--but several nurseries started propigating it and offering it under ANOTHER name: "Tree Indian Hawthorne", "Giant Indian Hawthorn", etc. They did not offer it as 'Majestic Beauty'. Another one I've seen is a little blue flowered zone 9 perennial called Scaevola 'Blue Wonder'. I planted a few in my garden and they dropped seed which all grew and it eventually became a weedy mess, but there they were, SEEDLINGS! Of course some of the seedlings looked just like the parent plants, some were darker blue, lighter blue, smaller flowers, etc. And there are still nurseries which offer 'Blue Scaevola', but they do not offer the patented Scaevola 'Blue Wonder'. --Philodendron oxycardium 'Flame' came on the scene over the last year; the patent is owned by- ready for this one?- Kirin, the Japanese Beer company. The plants are being grown in Costa Rica. From Costa Rica, the baby plants go to growers in other countries. One of the nurseries in the US is offering them. They recomend planting 24-30 baby plants in one 8 to 10 inch hanging basket. So theres say 24 plants in one pot, and that requires only one patent tag. However, If I want to propigate them and sell them under the name "Flame", I have to purchase patent tags. If I propigate them and call them something other than 'Flame', then I don't have to provide patent tags. And then there's this: The peace lily called 'Domino'. It's variegated and patented. 'Domino' is a bit of a mess. No two leaves are quite the same shape or size, and some leaves will be brightly white variegated while others have little or no variegation at all. And here's the kicker: A nursery in Isreal grew out several thousand Domino plants, and selected a single plant which produced uniformly shaped foliage, and each leaf has just as much variegation as the next leaf. So they took this individually selected plant and patented it under the name 'Bingo'. Go figure. As long as I'm rambling-- the variegated Boston Fern, which has been around for about 40 years, was recently patented by Agristarts, with the name 'Tiger Stripe'. Hope this clears something up. dave

clear as mud! :)