Native Plants
![](../_images/smarty_plants.gif)
Q. Who is Mr. Smarty Plants?
A: There are those who suspect Wildflower Center volunteers are the culpable and capable culprits. Yet, others think staff members play some, albeit small, role. You can torture us with your plant questions, but we will never reveal the Green Guru's secret identity.
Did you know you can access the Native Plant Information Network with your web-enabled smartphone?
Ask Mr. Smarty Plants is a free service provided by the staff and volunteers at the Lady Bird Johnson Wildflower Center.
![](../_images/mr_smarty_plants_logo_web_200w.jpg)
rate this answer
![](../_images/star_00.gif)
Friday - January 28, 2005
From: Marshall, TX
Region: Southwest
Topic: Plant Laws
Title: Smarty Plants on plant patents
Answered by: Nan Hampton
QUESTION:
How would I go about patenting a plant?ANSWER:
First of all, the plant must have been cultivated, or discovered in cultivation, by you. You must also show that the plant remains stable through asexual means of propagation such as cuttings, grafting, bulbs, rhizomes, tissue culture, etc. It is not possible to patent a sexually propagated plant, but for these you can apply for a "certificate of protection" under the Plant Variety Protection Act. Cultivar name registration and trademarking are also possibilities. You can read a summary of the process of patenting a plant from Texas A&M University's Aggie Horticulture page. The American Nursery and Landscape Association (ANLA) web page has a lot of information about patenting and trademarking plants prepared by the National Association of Plant Patent Owners (NAPPO). Be sure to click on the link plant patents and trademarks which will lead you to the 6-page PDF file, "Patents and Trademarks on Plants", that you can download. This article tells you not only about plant patents, but also about certificates of verification, cultivar registration, and trademarks for plants. For complete information on how to patent your plant the United States Patent and Trademark Office has an informative publication.
More Plant Laws Questions
Wildflowers being mowed in Canyon TX
June 03, 2012 - Can I receive a letter from someone there to put up in our neighborhood? I live in an area very close to Palo Duro Canyon. A developer out here mows down the wildflowers along the one lane road. It ...
view the full question and answer
Taking plants to Alaska
August 31, 2011 - I am moving from California to Alaska, can I take live plants?
view the full question and answer
Sample city ordinances to incorporate into city code
February 13, 2007 - I am looking for a source of sample city ordinances that will allow wildflowers such that we can incorporate it into our city code. My city is rural and per its master visionplan was originally publi...
view the full question and answer
Weed laws on mowing wildflowers in the Spring
September 22, 2004 - Is there any law that would prevent a Town from making a person mow their wildflowers down in the spring?
view the full question and answer
Florida law on removing orange trees
March 24, 2007 - I live in a co-op mobile home park with a board of directors that tell me that if I have to cut down my orange tree that Florida law says that I have to replace it with another orange tree. I say that...
view the full question and answer
Support the Wildflower Center by Donating Online or Becoming a Member today. |