Host an Event Volunteer Join Tickets

Support the plant database you love!

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.

Help us grow by giving to the Plant Database Fund or by becoming a member

Did you know you can access the Native Plant Information Network with your web-enabled smartphone?

Share

Ask Mr. Smarty Plants

Ask Mr. Smarty Plants is a free service provided by the staff and volunteers at the Lady Bird Johnson Wildflower Center.

Search Smarty Plants
See a list of all Smarty Plants questions

Please forgive us, but Mr. Smarty Plants has been overwhelmed by a flood of mail and must take a break for awhile to catch up. We hope to be accepting new questions again soon. Thank you!

Need help with plant identification, visit the plant identification page.

 
rate this answer
1 rating

Thursday - July 12, 2012

From: Lancaster, PA
Region: Mid-Atlantic
Topic: Plant Laws
Title: Patenting Flower Mixes
Answered by: Larry Larson

QUESTION:

Can a new, more beautiful combination/mix of certain wild flowers or the new use of some particular wild flowers for a particular style of gardening, e.g. for deer resistance or for alternative lawn or for fragrance or for hummingbird/butterfly be patented?

ANSWER:

Interesting question!   Mr Smarty Plants actually had a talk with the Wildflower Center management about a year ago with respect to that question and Habiturf™ ! [Please insert here the proper disclaimers about this being personal opinion and not legal advice or direction!]

For a concept to be patentable, it needs to be a novel concept, not already in practice, and not immediately obvious to the average practitioner. So, if you really have a special new mix, and it has not been documented as being in use anywhere [an article in a magazine or a journal] - Then, technically:  Yes - You can patent it.  If somebody else has done it, and your documentation precedes theirs [or yours exists and theirs doesn't], then you are still good for it.

There is also the question of "Do you want to?"  It costs money to file and to maintain a patent.  If you are wealthy enough, then of course, a "vanity" patent might be fun, but most patents are filed for commercial purposes.
In this case, once again we get back to dollars - are you prepared to pursue legal defense if you find your patent being violated? - and worse yet, if somebody wants to copy your idea - since you have documented what it is in the patent - all they have to do is modify the mix just a little bit to make it legally different and thus not covered by your patent - Arghhh!

That takes us to the next lower level of protection.  If your invention is easy to hide, many of these are held as "Trade Secrets" [Think - the recipe for Coca-Cola] - or - since a Wildflower mix is pretty easy to figure out, then you can hold the name of it as a Trademark, and have the "real thing" be represented by the name on the product [Think Habiturf™]

Hope this helps!   MSP

 

From the Image Gallery


Buffalograss
Bouteloua dactyloides

Blue grama
Bouteloua gracilis

Curly mesquite grass
Hilaria belangeri

More Plant Laws Questions

Flowering Shade Plant for California
February 21, 2016 - I have a house north facing that has a "flower bed" in front that unfortunately is shaded 100% of the time. There are roses in the bed currently (they came with the house) but they do poorly. We are...
view the full question and answer

Are wildflowers in Missouri patented?
September 20, 2013 - Are wildflowers in Missouri patented? If so where would I find a list of them?
view the full question and answer

Low, Easy Care Perennials for Lake Ontario Shore Planting
October 04, 2015 - I'm on Lake Ontario in New York. I have a lake bank slope, that’s about 1/8 mile long and about 40 feet high, and is on about a 40 degree angle. It is very hard to keep clear. The bank has just been ...
view the full question and answer

Evergreen that Grows to Three Feet in Michigan
May 22, 2014 - I have searched your site and can’t find what I need. I live in the middle of Michigan. I need a shrub that stays green year round and only grows to 3 feet or less.
view the full question and answer

Legal to mow wildflowers in HOA in Royse City, TX
April 21, 2012 - We live out in the country in Rockwall County, Texas. Is it legal to mow the wildflowers on our 2 acre lots? The HOA documents we committed to require the homesites to be maintained, but there is di...
view the full question and answer

Support the Wildflower Center by Donating Online or Becoming a Member today.