Are there legal restrictions on plant propagation?

Published: April 17, 2025
Updated: April 17, 2025

Grow from cuttings responsibly: It's essential to know if your plant has a plant patent. Many hybrids, especially commercial hybrids such as roses, will have legal protections. A neighbor of mine propagated a patented strawberry, and the company actually sued him and fined him for doing so. So, before you propagate, look for plant patent tags on your plants (the ® symbol or a PP number). There are many common herbs out there that can be cloned, along with heirloom plants.

Plant Propagation Legality Guide
Plant TypePatented HybridsPropagation Legality
Illegal
ExamplesSome roses, berries
Plant TypeCommon HerbsPropagation Legality
Legal
ExamplesBasil, mint
Plant TypeHeirloom VegetablesPropagation Legality
Legal
ExamplesTomatoes, peppers
Plant TypeWild SpeciesPropagation Legality
Check local laws
ExamplesNative ferns, orchids
Penalties range from fines to lawsuits for commercial-scale violations

Legal Checks

  • Inspect plant tags for patent numbers (PP#)
  • Search USPTO database for protected varieties
  • Track plant origins - nursery tags help

Ethical Sharing

  • Swap non-patented cuttings freely
  • Label shared plants with variety names
  • Avoid selling protected clones

Patents usually last for 20 years. A hosta I bought in the 1990s finally became legal to propagate last year. A good idea is to research the patent expiration if you are unsure. Nurseries will occasionally reuse names for newer patented varieties, so check the identity with a botanical database. If you're in doubt just stick with heirlooms and wild-collected specimens.

Red Flags

  • ® symbol on plant tags
  • Unique cultivar names like 'Emerald Glow™'
  • High retail prices indicating exclusivity

Accidental Propagation

  • Destroy plants if unsure of status
  • Contact breeder for clarification
  • Document purchase receipts for proof

Create a sustainable garden by propagating plants that have not been patented. For five years, I have exchanged lemon balm cuttings with five neighbors each year. Look for local seed libraries as a resource and, within your neighborhood network, create informal ways to cultivate a responsible learning experience. Teach others how to understand if a plant is patented for cloning. Cloning responsibly ensures biodiversity, while respecting the rights of breeders. Your garden will be legal and generous too.

Read the full article: The Complete Guide to Grow From Cuttings Successfully

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