plant patents

Some more new perennials that I'd like to try, and why

I said I gave up on writing about new plants, but that proves to have been an emotional outburst. There are always new plants, and its a good idea to look through the lists and the marketing materials and see if there are some that could really work for my design practice. Below are a few more perennials that are new for 2022 - or at least newly on my radar - including information from their Plant Patent for some of them.

Amsonia hybrid ‘String Theory’ Patent number: PP34419

Date of Patent: July 12, 2022

Assignee: Walters Gardens, Inc.

Inventor: Hans A Hansen

From the Plant Patent:

A new and distinct Amsonia plant named ‘String Theory’ is characterized by winter-hardy, compact, densely-stemmed, clean habit with linear, dark-green foliage that goes dormant in the winter; single, light periwinkle-blue, star-shaped flowers on medium height scapes flowering above the foliage beginning about early-May and effective for about four weeks. T

The most similar Blue Star cultivars known to the inventor are: ‘Blue Ice’ (not patented), ‘Starstruck’ U.S. Plant Pat. No. 32,246 and ‘Storm Cloud’ (not patented).

Amsonia hubrichtii, commonly called “bluestar,” is a native perennial with blue spring flowers and showy fine-textured foliage that turns gold in fall. The main criticism is that some people think it gets a little tall and floppy with its three-foot height. ‘String Theory, is a compact version that knocks a foot off of this plant’s usual height.

“It’s more compact than the species, plus the leaves don’t turn chlorotic (yellowish) in summer,” says Chris Ruger, a grower for the wholesale Quality Greenhouses near Dillsburg who picks ‘String Theory’ as his favorite new perennial of 2022. The variety blooms a little later in spring than the species but still retains the periwinkle-blue flower color as well as the brilliant golden fall-foliage color.

Plants grow just under two feet tall, ideally in full sun. Amsonia is also heat tolerant and not a favorite of deer. 

Pennisetum alopecuroides Worryfree Hush Puppy - a non-invasive Fountain grass

Pennisetum alopecuroides 'Tift PA5' PP31,027

Bred at the University of Georgia

From the Plant Patent:

Open pollinated seeds from ‘Tift PS989’ plants were irradiated with 10 K of Cobalt 60 gamma radiation to produce a first group of irradiated seeds. These seeds were planted in a field to produce 256 plants. These plants were evaluated and six were selected based on morphologically desirable genotypes with reduced seed set. Open pollinated seeds (a second group of seeds) from these six selected plants was harvested and irradiated with 10 Kr of Cobalt 60. Irradiated seeds from only one of the six selected plants survived the second radiation and were planted in a field to produce 64 plants. Irradiation of seeds usually results in chimeras or sectors on the plants for the trait of interest. Therefore, each of the sixty four plant was divided into four quadrants or sectors (a, b, c, and d) and five or more inflorescences from each quadrant were examined for seed sterility. A highly seed sterile sector a of plant number 60 was selected and asexually propagated to produce ‘Tift PA5’. ‘Tift PA5’ has been tested at Tifton, Ga.

Lower Paxton Twp. PA horticulturist David Wilson, marketing director for Overdevest Nurseries’ Garden Splendor line of plants, picked Worryfree Hush Puppy fountain grass as one of his two favorite new perennials of 2022. He likes it for two reasons : 1.) it’s sterile (meaning no unwanted seeding around), and 2.) it has unusually long-lasting flowering spikes

Wilson adds that Hush Puppy has a “nice, full, and vigorous free-flowering habit with inflorescences that last much longer than conventional varieties like ‘Hameln.’ In our trials, we’ve witnessed displays that last at least four weeks longer than other varieties.”

Hush Puppy™ Fountain Grass features long-lasting pink plumes that spray high over rounded mounds of slender foliage. Plants grow three feet tall and four feet wide, ideally in full sun. Drought-tough and deer-resistant. Hardiness Zones: 5-9

Eupatorium purpureum 'FLOREUPRE1' Euphoria™ RubyPPAF (syn. Eutrochium purpureum 'FLOREUPRE1')

Joe Pye Weed

There are lots of varieties of Joe Pye weed now - it's hard to keep them straight sometimes. Joe Pye Weed can get a bit big for a lot of gardens, topping out at six feet or more. Even recent “dwarf” varieties often grow four feet tall and wide. But its a very valuable native plant that pollinaotrs of all kinds flock to. So having a cultivar that is even smaller than 'Little Joe' is a great addition to the landscape designer's arsenal. Plus its name is a cute and clever play on the word "Eupatorium".

'Euphoria Ruby' grows just over three feet tall, doesn’t flop, and is a heavy bloomer with magenta umbrella-shaped clusters. Bees and butterflies love it. ‘Euphoria Ruby’ will grow in both damp or dry soil, ideally in full sun.

The new cultivar originated in a controlled breeding program in Quedlinburg, Germany in 2011. The objective of the breeding program was the development of Eutrochium cultivars having a compact growth habit.

From the Plant Patent:

The new Eutrochium cultivar is the result of open-pollination. The female (seed) parent of the new cultivar is the proprietary Eutrochium purpureum breeding selection coded 4846-1, not patented, characterized by its medium cream-rose colored ray florets, dark green-colored foliage, and vigorous, upright growth habit. The male (pollen) parent of the new cultivar is unknown. The new cultivar was discovered and selected as a single flowering plant within the progeny of the above stated open-pollination in a controlled environment in Quedlinburg, Germany.

The following characteristics of the new cultivar have been repeatedly observed and can be used to distinguish ‘FLOREUPRE1’ as a new and distinct cultivar of Eutrochium plant:

 1. Medium red-purple colored inflorescences

 2. Medium green-colored foliage

 3. Low growth vigor

 4. Compact-upright growth habit

Plants of the new cultivar differ from plants of the female parent primarily in having a different ray floret color, lower growth vigor, and a more compact growth habit.

Of the many commercially available Eutrochium cultivars, the most similar in comparison to the new cultivar is ‘Little Joe’, U.S. Plant Pat. No. 16,122. However, in side-by-side comparisons, plants of the new cultivar differ from plants of ‘Little Joe’ in at least the following characteristics:

 1. Plants of the new cultivar are shorter than plants of ‘Little Joe’

 2. Plants of the new cultivar have a darker purple-colored flowers than plants of ‘Little Joe’

 3. Plants of the new cultivar have larger leaves than plants of ‘Little Joe’

Anemone ‘Spring Beauty’

Anemone hybrid 'Spring Beauty Pink'

Spring Beauty Pink comes from the Netherlands and is a hybrid of Anemone sylvestris, with bubblegum pink flowers first appearing in late spring and contining throughout summer. Delicate looking, but extremely tough, its perfectly pink flowers flutter in the wind attracting all the early pollinators with its nectar. Attractive molunded foliage.

It grows 12″ tall and 15″ wide, making it compact enough for smaller gardens, and for the front of the border. Its ideal condition is dappled shade protected from the afternoon sun, yet it will also grow in full shade. It looks beautiful in woodland settings and mixed with other perennials in cottage, cutting, and pollinator gardens. It spreads by underground rhizomes and can be used as a ground cover. New plants may grow near the original plant and can be easily transplanted elsewhere.

Angela Treadwell-Palmer, founder and co-owner of Alabama-based Plants Nouveau plant introduction company, picks this as her favorite new 2022 perennial because it’s the first deep-pink, spring-blooming anemone. Treadwell-Palmer says plants might look delicate, but they’re actually “supersturdy” and seldom bothered by any bug or disease issues. And she notes that early pollinators appreciate the spring blooms.

Nepeta grandiflora 'Summer Magic' PP27090 (Catmint)

This cultivar is not new by any means, having been on RHS Chelsea Flower show’s Short List in 2013. But its new to the US trade and is an introduction by Plants Nouveau. Their founder, Treadwell-Palmer, likes this new catmint variety because of its exceptionally long bloom time – running non-stop from May until September most years. “It blooms and blooms all summer,” she says. “The upright, deep-lavender blooms are held high above the grass-green foliage and never flop, even in the worst of storms. We admire its ability to ‘keep it fresh’ even in the heat and humidity of summer as other Nepeta varieties tend to fade.” Plants grow 15 to 18 inches tall and do best in full sun.

From the Plant Patent:

The new cultivar is a product of chance discovery by the inventor. This new variety, hereinafter referred to as ‘SUMMER MAGIC’, was discovered as a chance seedling by the inventor, Malcolm Spencer. The seed parent is believed to be Nepeta grandiflora ‘Bramdean’, unpatented, and the pollen parent undetermined. This interesting new variety was discovered in the inventor's garden during June 2010 as an individual seedling plant. The plant was discovered in West Sussex, England.

The following traits have been repeatedly observed and are determined to be the unique characteristics of ‘SUMMER MAGIC’

• 1. Compact bushy habit

 2. Improved branch structure on flower stems

 3. Improved plant sturdiness; better resistance to wind/rain damage

 4. Distinctive strong flower color

 5. Large quantity of flowers

COMPARISON TO PARENT VARIETY

‘SUMMER MAGIC’ is similar in most horticultural characteristics to the presumed seed parent variety Nepeta grandiflora ‘Bramdean’. Plants of the new cultivar ‘SUMMER MAGIC’ however, differ in the following:

 1. The new variety is shorter

 2. The new variety produces more branches.

 3. The new variety has improved resistance to weather damage—parent variety is often broken open by summer storms.

‘SUMMER MAGIC’ can be compared to the well known commercial variety Nepeta faassenii ‘Six Hills Giant’, unpatented. Plants of the new cultivar ‘SUMMER MAGIC’ are similar to plants of ‘Six Hills Giant’ in most horticultural characteristics. Plants of the new cultivar ‘SUMMER MAGIC’ however, differ in the following characteristics:

 1. The new variety is much shorter

 2. The new variety has significantly improved branching on flower stems

 3. The new variety has improved resistance to weather damage

 4. Pinching requirements and or/growth regulator use are reduced

‘SUMMER MAGIC’ can be compared to the known commercial variety Nepeta racemosa ‘Little Titch’, unpatented. Plants of the new cultivar ‘SUMMER MAGIC’ are similar to plants of ‘Little Titch’ in most horticultural characteristics. Plants of the new cultivar ‘SUMMER MAGIC’ however, differ in the following characteristics:

 1. The new variety produces longer flower spikes.

 2. The new variety produces more flowers per stem, and more flowering stems per plant.

 3. The new variety has improved resistance to weather damage

 4. The new variety produces more branches per plant.

‘SUMMER MAGIC’ can be compared to the known commercial variety Nepeta racemosa ‘Little Titch’, unpatented. Plants of the new cultivar ‘SUMMER MAGIC’ are similar to plants of ‘Little Titch’ in most horticultural characteristics. Plants of the new cultivar ‘SUMMER MAGIC’ however, differ in the following characteristics:

 1. The new variety produces longer flower spikes.

 2. The new variety produces more flowers per stem, and more flowering stems per plant.

 3. The new variety has improved resistance to weather damage

 4. The new variety produces more branches per plant.‘SUMMER MAGIC’ can be compared to the known commercial variety Nepeta racemosa ‘Little Titch’, unpatented. Plants of the new cultivar ‘SUMMER MAGIC’ are similar to plants of ‘Little Titch’ in most horticultural characteristics. Plants of the new cultivar ‘SUMMER MAGIC’ however, differ in the following characteristics:

 1. The new variety produces longer flower spikes.

 2. The new variety produces more flowers per stem, and more flowering stems per plant.

 3. The new variety has improved resistance to weather damage

 4. The new variety produces more branches per plant.

‘SUMMER MAGIC’ can be compared to the known commercial variety Nepeta racemosa ‘Little Titch’, unpatented. Plants of the new cultivar ‘SUMMER MAGIC’ are similar to plants of ‘Little Titch’ in most horticultural characteristics. Plants of the new cultivar ‘SUMMER MAGIC’ however, differ in the following characteristics:

 1. The new variety produces longer flower spikes.

 2. The new variety produces more flowers per stem, and more flowering stems per plant.

 3. The new variety has improved resistance to weather damage

 4. The new variety produces more branches per plant.

Plant Patents

Plant patents are getting to be ubiquitous. They’re meant to protect the time and effort put into breeding new plants, but are there unintended consequences?

Plant patents are granted to those who discover or invent a new and distinct cultivar and asexually reproduce it. Plant patents allow the patent holder to prevent others from asexually reproducing the new plant without first entering into a licensing agreement.  Plant patents last for 20 years.  Patent lifespan is particularly relevant for trees, given that they may not gain market share as quickly as shrubs, which develop their highly marketable characteristics in a shorter period of time than trees, and those desirable attributes are often visible at the point of sale.

Some of the requirements for receiving a plant patent:

  • The plant can be produced asexually.

  • The plant was invented or discovered, and if discovered, it was in a cultivated area (not the wild)

  • The part of the plant used for asexual reproduction is not a tuber food part (e.g., potato, Jerusalem artichoke).

  • The person, company or nonprofit entity filing the patent invented or discovered the plant and asexually reproduced it.

  • The plant has not been patented, in public use or for sale, or otherwise available to the public more than one year prior to the effective filing date.

  • The plant is novel and has at least one inherent, distinguishing characteristic (i.e., beyond that which is induced by varying environmental conditions).

The entirety of the plant is protected, but not the reproductive subparts of the plant (i.e., seeds, flowers and fruit are not protected by plant patents) such that patented plants can be used by other plant breeders to produce new hybrids.

The key: Asexual reproduction.

A plant can be patented only if can be reproduced asexually. Asexual reproduction produces plants that are genetically identical to the parent plant because no mixing of male and female gametes takes place. The patent then prohibits any further asexual reproduction of the plant without a license.

Asexual reproduction can take place by natural or artificial (assisted by humans) means. Natural asexual reproduction takes place without seeds or spores - for example by means of stolons or rhizomes. That’s fine for letting them spread through your garden, but isn’t very practical for larger scale propagation.

Asexual reproduction methods:

Grafting produces plants by combining favorable stem characteristics with favorable root characteristics. The stem of the plant to be grafted is known as the scion, and the root is called the stock.

Stem Cuttings produce plants by placing a portion of the stem containing nodes and internodes that have been treated with rooting hormone into moist soil and allowing them to root. 

In layering, a part of the stem is buried so that it forms a new plant.

Micropropagation (also called plant tissue culture) is a method of propagating a large number of plants from a single plant in a short time under laboratory conditions. A part of the plant such as a stem, leaf, embryo, anther, or seed can be used to start tissue culture propagation. Under sterile conditions, the plant material is placed on a plant tissue culture medium that contains all the minerals, vitamins, and hormones required by the plant. The plant part gives rise to individual plantlets. These can be separated and are first grown under greenhouse conditions before they are moved to field conditions.


The process of making“new plants” has a few key steps:

Breeding: Breeding is a series of decisions based on either defined crosses or collecting seed from open-pollinated plants. After collecting seed, the breeder evaluates seedlings to see if they have something that’s interesting or characteristics that they are looking for.

Evaluation and Selection: Breeders have many things they’re looking for, including habit, flower color, flower quality, bloom time, foliage color and many more. The selection process narrows the choices down to a more manageable number - the chosen seedlings have to be propagated so that they can be grown in trial gardens and evaluated for their performance. Some breeders have their own propagation facilities - using either tissue culture or cuttings - but there are also growers who team up with breeders to propagate promising new plant choices.

This is a years-long process, often involving a minimum of 4 years of trialing. Once a choice has been made, that new plant has to be grown in sufficient quantities to be marketed - that will take another year and a half.

The breeders and their products are protected by the plant patenting process. Patent holders get paid a royalty for every plant that is eventually sold. And growers pay a licensing fee to be allowed to propagate a patented plant.

When breeders and propagators team up, Tradenames and Trademarks are born. Often, the name of the branding program is a registered trademark.

One of the best known examples is the Proven Winners® brand. In North America, the brand is owned by two leading plant propagators - Four Star Greenhouse in Carleton MI and Pleasant View Gardens in Loudon, NH. Those companies, together with two licencees in Canada - Nordic Nurseries and Sobkowich Greenhouses - produce the annuals sold under the Proven Winners® name. Wholesale growers then “finish” the plants and distribute them to re-wholesalers or to retail garden centers.

Other partners include Spring Meadow Nurseries (producing flowering shrubs) and Walters Gardens (producing perennials and succulents).

Another brand is Bailey First Editions® - that brand encompasses First Editions®, Endless Summer® and Easy Elegance®.

Some breeders take a different route like Tony Avent at TERRA NOVA® Nurseries Inc. They not only breed plants but are also tissue culture propagators and growers.

From the Terra Nova website:

Our greatest claim to fame is the popularizing of new Heuchera varieties that emphasized foliage, not flowers. …TERRA NOVA®is also the world’s most prolific breeder of new Coleus selections, and has introduced new selections of Tiarella, Heucherella, Agastache, Coreopsis, Sedum, Kniphofia, Penstemon, Nepeta and Leucanthemum.

We hold more than 700+ active plant patents in the United States and Europe, and have introduced over 1,000+ new plants, including some developed by others. To drive this pace of constant innovation, the nursery has invested … in plant research … and built a team of top-notch in-house breeders.

They go on to say:

… (After continuous growth) …the owners of TERRA NOVA® decided to start licensing their introductions to other growers in the United State. It was a way to keep market share and allowed the company to reduce freight costs, particulary to the East Coast.

With larger brands came both marketing names, as discussed in my last post, and also aggressive marketing.  

 America is all about marketing - attention-getting, sometimes colored pots, alluring pictures, cute names, clever tag lines, widespread advertising are all things that increase market share for these brands.  The branded plants are patented - they cost more because of royalties.  

All the links in the supply chain have to decide which patented and/or brand name products to work with.

Propagators and growers have to license the plants and use the branded pots.  Re-wholesalers and retail garden centers have to pay a premium if they want to sell those plants.  And we landscapers and landscape designers have to charge more or make less profit when royalties are charged.  Independent garden centers have to take into account their sales volumes when they decide what they can afford to bring in.  But they also have to balance the “popularity” of branded materials.  The customer may say they want Leucanthemum X superbum ‘Banana Cream II’ because they read it was the “best” Shasta Daisy.  The garden center has to choose whether to potentially expand their customer base to include people swayed by marketing programs who want the “latest and greatest” versus keep costs low by bringing in non-branded or non-patented Shasta daisy cultivars.  

I am not a fan of Shasta daisies - I don’t think I’ve ever planted any since I started my own business.  But I attended a webinar on new plants for 2022, and ‘Banana Cream II’ was one of the Proven Winners plants that was being touted.  And I asked myself - why? What’s new about it?

This is information from the Patent Application for ‘Banana Cream II’.

BACKGROUND OF THE INVENTION

The original Leucanthemum superbum, or Shasta daisies, were bred by Luther Burbank in the late 1800's as a cross between Leucanthemum maximum and Leucanthemum vulgare with Leucanthemum lacustre and Nipponanthemum nipponicum.  The new plant, Leucanthemum ‘Banana Cream II’ originated from a planned breeding program of the inventor at a wholesale perennial nursery in Zeeland, Mich., USA.  The new Leucanthemum was a single plant selected from a group of seedlings from a cross on Jul. 15, 2015 between ‘Sante’ U.S. Plant Pat. No. 19,829 and ‘Banana Cream’ U.S. Plant Pat. No. 23,181.  …

BRIEF SUMMARY OF THE INVENTION - (This is the part of the patent application where the new plant is compared to other cultivars)

…The new plant, Leucanthemum ‘Banana Cream II’, is most closely compared to Leucanthemum ‘Leumayel’ U.S. Plant Pat. No. 19,242 and ‘Banana Cream’, ‘Cream Puff’ U.S. Plant Pat. No. 30,074, ‘Snowcap’ (not patented), ‘Marshmallow’ copending U.S. Plant Patent Application, ‘Goldfinch’ U.S. Plant Pat. No. 24,499 and ‘Real Goldcup’ U.S. Plant patent application Ser. No. 17/377,371.

They go on to describe how Banana Cream II is different from other cultivars, and list its unique qualities - which include more flower power and a shorter vernalization time to make it easier to grow.

This is how Banana Cream II is being marketed:

So I ask myself …. is this a “better” Shasta daisy? Would I want to use it, and if so, where? Think about where we designers would have “traditionally” used shasta daisies - somewhere where we wanted a tall expanse of daisy-looking clean white flowers. The middle or back of the border. Qualities that would make a “better Shasta daisy” from my point of view would be a cultivar that didn’t have to be deadheaded, or if it did then at least it would re-bloom. A more compact variety would also make it more versatile for me. But considering that Shasta daisies have been around for literally centuries, they are garden classics. IMO they’re not supposed to be yellow. There are plenty of other flowers that are yellow. There are far fewer that are pure white that deer don’t prefer.

Leucanthemum x superbum ‘Becky’ is considered to be the “standard” Shasta daisy. it was named the Perennial Plant of the Year in 2003 and is NOT patented. That means it’s cost effective for propagators, sellers and landscape designers.

This is what we think of when we think of Leucanthemum.

 

‘Snowcap’ is a more compact cultivar of Leucanthemum - it is not patented either.

This is ‘Cream Puff’. This patented plant is described as having “…the best of both worlds: lemon yellow buds that open to cream flowers and also a tight, compact habit. …This beauty will bloom for many weeks starting in early summer, and deadheading will encourage rebloom. …As an added bonus for growers, 'Cream Puff' does not require vernalization to bloom. We have observed rebloom late summer through fall with deadheading.”

I would say this qualifies as a “better” Shasta daisy because it will re-bloom after deadheading and the lemon-yellow flower buds add a touch of pizzazz. The flowers still look like Shasta daisies though.

Other cultivars seem farther and farther away from looking like a Shasta daisy to me.

‘Marshmallow’

‘Freak’

‘Sante’

‘Banana Cream II’

‘Goldfinch’

‘Real Gold Cup’

‘Real Charmer’ - are you kidding me?

THIS is what the “real thing” actually looks like!

If there are pollinators out there who have co-evolved with Shasta daisies, I think we should give them something that looks like this.