Herself’s Houston Garden

Plant patents were first granted in 1930. The plant must be distinctly different than other varieties and can be invented or discovered. No asexual reproduction is allowed ( from cuttings, cloning etc ). You can sell the seeds, plant, plant parts. Patent length is 20 years.

In 1970 Plant Variety patents were granted to sexually reproducing new, distinct, stable plant varieties. Plant seed is now covered by patent. Patent length is 20 years, 25 for trees and vines. You can plant seeds from the plant or sell them if you decide not to use them.

In 1985 Utility patents were extended to plants. Seeds may not be saved, cleaned, planted or sold. Patented varieties must be sold using the variety name.

1994 The Plant Variety Act was amended. Seed can not be sold with out permission of patent holder.

Sounds reasonable. The problem lies with nature not recognizing property lines. If your garden is contaminated with patented pollen or seed, derivatives of those plants are not owned by you but by the patent holder.

If you don’t want to hand over your garden, your neighbor’s garden and your neighbor’s neighbor’s garden to the patent police you might want to avoid purchasing plants with patents.

To protect their patents many patented plants are now genetically modified to commit suicide. These plants will not reproduce. Sounds like a reasonable idea until you consider what might happen when that pollen mixes with wild pollen. How many plant varieties might become extinct?

You might have noticed plants for sale labeled “patented” or “trademarked” at your local nursery or garden center. Why would the nursery industry patent or trademark plant varieties?

“Plant patents or trademarks develop an incentive for creative design and innovation by plant breeders and the horticulture industry,” explained James Altland, nursery crops specialist at Oregon State University’s North Willamette Research and Extension Center in Aurora.

The nursery and greenhouse industries have long struggled with the issue of appropriate pricing for their products, said Altland. Patenting or trademarking gives plant varieties more value in the consumer marketplace. Consumers will pay more for a product they perceive as premium.

“In the hope of financial payback, plant breeders, ranging from scientists and professional nursery people to the backyard orchardist, try again and again to breed that perfect plant,” he said. “I think patents are one of the cornerstones of capitalism. Without patent protection, there would probably be much less innovation in our economy in general, and certainly many fewer new introductions in horticulture. ( read more What does it mean when nursery plants are patented or trademarked? )

Like so much patent law of late, the problem is not with the concept of patents but with the recent extension of the patent laws that make us all criminals.

Refuse to buy patented plants from your nursery. Tell them, thanks but no thanks, suicidal plants are a crime against nature.

Tell your nursery you don’t want Monsanto suing your neighbors like they’ve been suing farmers.

Buy F1 varieties, no patents allowed, and your local wildlife will thank you.

More information:
Plant Patents
Plant patent
US Plant patent effect on other nations
Monsanto Practices Scrutinized

Please join the Montgomery County Master Gardener Association for their annual Fruit and Nut Tree Sale!!!

Saturday, January 23

Talk by Tom LeRoy 8:00 a.m. (limited seating)

Sale 9:00 a.m. to 1:00 p.m.

Bring your wagon and come buy all your fruit, nut & berry plants. Have them pruned before you leave!

Almonds, Apples, Apriums, Blackberries, Blueberries, Cherries, Citrus, Figs, Grapefruits, Grapevines, Jujubes, Kiwis, Kumquats, Lemons, Limes, Nectaplums, Nectarines, Olives, Peaches, Pears, Persimmons, Plumcots, Pluots, Plums, Pomegranates, Pecans, Strawberry plants and more!

More information

Today I went to a talk given by the owner of Pineywoods Nursery on fruit and nut trees and attracting wildlife. Perfect timing as January is when most of the local fruit and nut tree sales take place and after the great freeze of twenty-ten you’ve probably got a few bare spots to fill in the garden.

While Tree Search Farms is a wholesale only tree seller, I’m told the website is an excellent source of information about local fruit trees. Anything they sell does well here.

Useful things I learned at this talk:
If your fruit tree isn’t fruiting it is usually because winter wasn’t cold enough or you don’t have enough pollinators. To attract bees plant various cupheas (Bat faced cuphea, Cuphea ignea, Mexican Heather ) around your fruit trees.

Fruit trees should be heavily pruned, but are easily infected, use sterile tools.

Tips for proper tree planting in Houston

PineyWoods recommends these fruit trees for the Houston area:
PawPaw – fruit is similar to bananas, spoils rapidly, fruit is high theft item from local critters, you’ll need to be quick

Mexican Plum ( prunus Mexicana ) great for dry areas

Chinkapin (Castanea pumila ) Chestnut tree, grows slowly but very tall

Mayhaw (Crataegus opaca) Hawthorne, loves damp areas

Darrows Blueberry ( Baccinium darrowii) stays compact, good foundation plant, need male and female plants to get berries.

Black Cherry ( Prunus serotina) Tall tree, interesting bark

Grapes ( Ison muscadine ) build a very strong trellis first

Mexican Thornless lime- only hybridized limes grow in Houston, this plant is good for pots

Improved Meyers Lemon – best lemon for Houston area

Republic of Texas Orange – only good orange for the Houston area

Rio Red Grapefruit

Blood Oranges

Celeste fig, brown turkey is best

Beauty Plums – need multiple varieties to produce

Red Barron Peaches

Dorsett Golden Apples

Housi Pear

Fuyu persimmons – a great wildlife attractor if you don’t like persimmons

Garnet Pomegranate

Jan 16th
9 am – 2pm Sale/ 730-2pm Symposium
Fruit and Nut Sale ( pdf flyer ) 3033 Bear Creek Drive, Houston.

Jan 23
Program 8-9, Sale 9-1pm
Fruit and Nut Tree Sale Montgomery County Master Gardeners

And if you miss the sales, just drop by Pineywoods Nursery they have plenty of fruit trees for sale.

* Note: When your fruit tree comes back from the great freeze, be sure it’s your fruit tree and not a Flying Dragon which is the root stock most of our fruit trees are grafted to. Flying Dragon is curvy with large thorns, remove immediately or you’ll be sorry.

The Texas Master Gardener Certification Classes begin January 28th, at the Harris County AgriLife Extension office at 3033 Bear Creek Drive. The classes are a great way to increase your knowledge, and meet others with a shared love of gardening.

Master Gardener classes are taught by Texas AgriLife Extension Service specialists, staff and other local experts. Topics include lawn care; ornamental trees and shrubs; insect, disease and weed management; soils and plant nutrition; vegetable gardening; home fruit production; garden flowers; and water conservation.

For more information visit Harris County Master Gardeners or contact David Parish at 281-855-5600.