Registering new cultivars with scientific authorities and securing patents or trademarks are essential steps in bringing new plant varieties to market. In a previous post, I clarified the distinction between botanical varieties and cultivars. For this first horticultural chronicle, I’ll explore the process of cultivar registration and its significance for amateur gardeners.

Registering cultivars with scientific authorities

Before delving into the specific registration processes, it’s essential to acknowledge the role of horticultural authorities in compiling cultivar names and descriptions, attributing them to their hybridizers as much as possible. These authorities serve as custodians of plant knowledge, documenting the development and characteristics of new cultivars. The compilation of this information not only establishes a comprehensive repository but also contributes to the standardization and authenticity of cultivar records.

Hybridizers submit their cultivars for registration, ensuring that each entry undergoes a meticulous evaluation process. The APS maintains a public registry, providing a valuable resource for growers, researchers, and amateurs alike.

Benefits of registration

• Credibility: The registry enhances the credibility of peony cultivars by providing an authoritative source for accurate and standardized information.
• Historical documentation: By documenting cultivars along with the hybridizers’ name and year of registration, a registry like the APS’s registry contributes to the historical record of breeding, recognizing the achievements and innovations of horticulturists.
• Community collaboration: The collaborative effort between hybridizers and horticultural authorities fosters a sense of community, with shared knowledge benefiting the entire plant-growing community.

In summary, the compilation of cultivar names and descriptions by horticultural authorities, exemplified by the APS, not only ensures accurate documentation but also highlights the collaborative nature of plant breeding. This practice contributes to the dissemination of knowledge and the preservation of horticultural heritage for future generations.

Obtaining patents or registered trademarks

I’ve often found myself confused about the differences between patents and trademarks, prompting me to do some research on the subject.

1. Patents:

• Plant patents are a legal mechanism for protecting new and distinct plant varieties. To obtain a plant patent (PP), the cultivar must be novel, non-obvious, and asexually reproduced (typically through methods like cuttings or grafting).
• The United States Patent and Trademark Office (USPTO) is responsible for granting plant patents in the US. Patented cultivars (USPP) have exclusive rights granted to their developers for a certain period, generally 20 years. Some plants may be sold under PPAF (Plant Patent Applied For), meaning the process for obtaining a PP is undergoing.
• The legal protection offered by a plant patent acts as a deterrent against unauthorized propagation and commercialization of the patented plant. This protection is crucial in preventing competitors from directly copying and profiting from the efforts of the original breeder. Thus, a plant patent can have a significant impact on the market and propagation of a new plant variety by providing a period of exclusivity, enhancing commercial value, ensuring quality control, and encouraging ongoing innovation in the plant breeding industry.
• It’s important to note that not all plants are subject to patents, and the presence of a patent does not necessarily mean that you cannot grow or propagate the plant for personal use. However, it may restrict commercial propagation or sale without proper licensing.

2. Registered trademarks:

Plant Breeders’ Rights (PBR)

Plant Breeders’ Rights (PBR) is a form of intellectual property protection available in certain countries. It provides breeders exclusive rights to produce and sell the propagating material of a new plant variety for a defined period, typically up to 20–25 years in many countries. This protection is commonly applied to food crops like wheat, maize, rice, soybeans, vegetables, fruit trees, and shrubs. Some ornamental plants, such as roses and orchids, are also covered under PBR.

Finally, while not typically applicable to plant cultivars themselves, copyright protection may apply to associated materials such as plant descriptions, illustrations, or photographs, often included in plant catalogs.

Although horticultural authorities don’t handle the legal registration process, they play a key role in documenting and validating a cultivar’s horticultural traits. This verification reinforces the cultivar’s uniqueness and boosts its success in registration and protection efforts.

Series and trade names

As discussed in a previous post, a series typically comprises cultivars that are usually officially registered under specific names. Still, it may also create confusion about the right appellation of the cultivar.

In contrast to cultivars and trademarks, trade names are often created by distributors or commercial growers. These names serve as an alternative marketing strategy for plants.

For amateur enthusiasts, identifying the original name of a plant sold under a trade name can be challenging.

The dahlia controversy

Recently, a debate has emerged among dahlia enthusiasts surrounding the retroactive patenting of certain dahlia cultivars. Many gardeners and growers who purchased these varieties were later surprised to find that breeders had patented them after they were already on the market. Santa Cruz Dahlias, the originator of the KA’s™ dahlia series, became a focal point in 2024 within the Facebook group, Dahlia Growers, where members voiced concerns about the implications of these post-purchase patents.

While innovation drives the development of new varieties and hybridizers deserve fair compensation, clear communication is equally essential for fostering trust among breeders, nurseries, and the gardening community

The non-registered cultivars

Organizations

The International Code of Nomenclature for Cultivated Plants (ICNCP), also known as the Cultivated Plant Code, standardizes the rules and guidelines regarding the naming of cultivated plants, including horticultural plants.

The ICNCP is periodically updated by an International Cultivar Registration Authority (ICRA) committee. The organization ensures that the naming conventions for cultivated plants align with international standards, facilitating communication among horticulturists, botanists, and others involved in plant-related research and industry.

The ICNCP focuses specifically on cultivated plants and follows guidelines separate from those of the International Code of Nomenclature for algae, fungi, and plants (ICN), which governs the naming of plants in the wild. The ICNCP helps maintain order in the naming of cultivars and supports accurate documentation of horticultural varieties across the globe.

Several other horticultural authorities worldwide play crucial roles in maintaining cultivar registries for various plants. Here are examples of such authorities:

1. Royal Horticultural Society (RHS) – United Kingdom:
   • The RHS is a prominent horticultural authority in the United Kingdom. It maintains extensive plant databases, including cultivar registries for various plants, and provides valuable information to gardeners, researchers, and the horticultural industry.
2. Royal Botanic Gardens, Kew – United Kingdom:
   • Kew Gardens, renowned for its botanical research and conservation efforts, maintains databases and registries for various plant species, contributing to global plant knowledge and horticultural practices.
3. Canadian Ornamental Plant Foundation (COPF) – Canada:
   • COPF, involved in the certification and promotion of new and improved ornamental plant varieties in Canada, contributes to developing and maintaining cultivar registries, ensuring the availability of high-quality plants.

Specialized registries frequently consulted

These organizations compile registries and play critical roles in documenting and disseminating information about specific plant varieties. I invite you to follow the links to the databases I use most frequently and explore their websites. Additionally, consider visiting your local plant library to consult their printed publications or learn about other specialized plant societies.

1. American Peony Society (APS)
2. American Iris Society (AIS)
3. American Daylily Society (ADS)
4. American Hosta Society (AHS)
5. American Rhododendron Society (ARS)

What it means for the amateur gardener

As an amateur gardener, understanding cultivar registration, trademarks, and patents helps make informed plant choices. Registered cultivars ensure you’re purchasing a unique, well-tested variety bred for traits like disease resistance, bloom size, or color. Though these protections may increase costs due to royalties and limit propagation, supporting such innovations fosters the development of more resilient and diverse ornamental plants for future gardens.