Spathoglottis 'Mello Yellow'

[CA2FLxplant]

Originally Posted by MRay

Resale of purchased protected items is not prohibited by law. What is prohibited is the propagation thereof. Distributing "seedlings" from a protected variety is still a prohibited form of propagation without the owner's consent.

I don't remember him saying anything about having propagated them, just that he had some seedlings for sale at one time.

I'd love to purchase one or two from him. They're lovely. But I might reconsider if they came from Oglesby's and this is how Oglesby's treats their customers.

[Ray]

Originally Posted by MRay

Resale of purchased protected items is not prohibited by law. What is prohibited is the propagation thereof. Distributing "seedlings" from a protected variety is still a prohibited form of propagation without the owner's consent.

Sorry, but that is highly inaccurate.

Plants are patented to protect a perceived economic advantage.

Patented plants may not be reproduced by asexual means for commercial gain, which is intended to prevent subsequent cloning for resale. Factually, it also applies to divisions, but that is such a slow process that it is economically unfeasible for a commercial entity, so that is basically ignored.

Distributing seedlings of a patented plant is also perfectly legal, as one would have had to have purchased them either from the firm that holds the patent, or someone who has violated that patent, making THEM the problem, not the secondary distribution.

[RJSquirrel]

Mray is full of crap and most likely will not return to accept his fate. Oglesby sells flats online of these when available..how about a better picture from Oglesby so we all know how absolutely beautiful these are indeeD!!

Spathoglottis Garden Orchids

you can see them for yourself from the horses mouth. you just cant buy them from oglesby cus Ray got the last tray for sale!! and thats whats burned someone up.


is there a Patent Law for Dummies book out there?

[Ray]

So folks don't get too steamed... Those trays are 1" plugs. I initially moved them into 2.5" pots, and the ones that didn't sell out (about 30 each of Mello Yellow and 'Grapette') are now in the greenhouse in 4" pots, growing nicely. I'll probably release those in the spring.

[MRay]

The term "seedling" should not be applied to a tissue culture product as this has great potential for confusion and misunderstanding both on the part of the licensed propagator and the end grower. Tissue cultured material often responds quite differently than seedlings (uniformity, degree of branching, etc.).
In visiting a TC company website, one will often find the method of propagation listed next to the plant if the method was something other than TC (e.g. "from seed" or "cutting") because there is a certain expectation of performance from a TC product.[COLOR="Silver"]

[CA2FLxplant]

Originally Posted by Ray

So folks don't get too steamed... Those trays are 1" plugs. I initially moved them into 2.5" pots, and the ones that didn't sell out (about 30 each of Mello Yellow and 'Grapette') are now in the greenhouse in 4" pots, growing nicely. I'll probably release those in the spring.

Put me on the Wait List!! One of each, please.

[RandomGemini]

I'm calling "troll" on you MRay. It looks like you signed up for this forum, just to troll this thread. Ray is not doing anything illegal and is due an apology from you.

Ray, I love those orchids, you say they are terrestrial? Hrm... I've been wanting to try growing a terrestrial orchid. Are they fairly easy growers?

[PaphMadMan]

Originally Posted by MRay

...Talking to a plant breeder...I stand corrected. It is okay in the U.S. (not in Europe) to obtain seedlings from a patented plant. It would not be okay to attach the name 'Mello Yellow' to seedlings thereof.

Finally, a correct statement. Still needs a clarification.

This is true where the patented plant is an asexually propagated cultivar. Seedlings are perfectly legal to distribute, but of course they can not carry the name of the patented cultivar, though it is perfectly acceptable to describe them as 'Mello Yellow' x self.

And of course, seedling sized clones can be sold as 'Mello Yellow' where the necessary royalties have been paid - as when purchased from the holder of the patent.

Where a seed grown strain is patented as a cultivar, as with most agronomic field crops and vegetable crops, seeds of the crop may not be used for propagation.

[Ray]

Originally Posted by RandomGemini

Ray, I love those orchids, you say they are terrestrial? Hrm... I've been wanting to try growing a terrestrial orchid. Are they fairly easy growers?

I find them to be quite easy to grow, and yes, they are terrestrial. I did some experimentation, and while they did well for me in sphagnum and semi-hydroponics, I found them the easiest to care for when I used plain old Miracle-Gro Moisture Control Potting Mix I picked up at Lowes.

[Subrosa]

Everybody makes mistakes MRay. I know I do. I know you just did. The measure of a person is how they handle the mistakes they make. Your exact mistake was falsely accusing someone of committing a crime. What do you think is the proper way to handle such a mistake?