Why Is Christmas Cactus Propagation Prohibited? (Illegal Plant Growing)

Plant patents are granted by The United States Patent and Trademark Office (“USPTO”) at a cost of between $4,000 – $8,000 for a single plant and protect that cultivar from being copied, re-sold, or distributed. In essence giving the creators of that new variety a monopoly on its sales.

Like other types of patents it is the responsibility of the plant patent owner to identify cases of infringement and enforce patent infringement action in the form of a lawsuit.

Plant patents last for a period of 20 years and are not renewable at the end of this period. After the patent elapses anyone has the right to profit from the previously protected plant genome.