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Old February 17, 2015   #31
Robert Hays
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It was a private entity. But I showed them, The receipt for every plant I had on the farm. Most of my are from U of A But I have several other varieties too. And I have 2 more varieties coming to the farm within the next 4 weeks. one of those not under patent and the other one is for another year. This fall I will be getting another new variety if I can find it called Nettleton's creamy white.
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Old February 17, 2015   #32
Robert Hays
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Dutch, If the plants are semi- erect vines or a trailing variety, the easiest way in my opinion would be tip layering. The tips of the vines will root in less than a month. You can take the whole vine and lay it on the ground and every foot or so pile a small amount of soil over it and every place the soil covers the vine will root in a few weeks. As far as the erect canes, you can let it sucker and dig them up, or dig up a plant and cut the roots into segments. Keep in mind that if you dig up a sucker the roots that you cut on each end will start a new plant. You can take a tiller and till up the ground around a mature plant lightly and in a couple months have dozens of new plants. I do not dig up any of my suckers even on the plants not under patent due to the fact that the roots of the mother plant (crown) will spread out up to 14 feet from crown in some varieties. IMO the plant will send those roots out as far as they need to for nutrients and water collection. So I will not damage them. Hope this helps you.
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Old February 17, 2015   #33
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Thanks, Robert! Yes, that helps.
Again thanks to all.
Dutch
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Old February 17, 2015   #34
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I sell plants at the farmers market also and have propagated 1000's of them.... I propagate Triple Crown and Chester Blackberry both thornless and non-patented and very hardy....and great for home gardens and U-pick farmers.... I use leaf node softwood cuttings and they root very fast when it's warm with mist. I use liquid rooting hormone called Dip & Grow at a low rate. I also use this method for mulberry, chokeberry figs and Kiwi. .It would probably work for other things too.. small semi-soft wood cuttings work best for me I don't have much luck with the very soft tips on blackberry but everythig else roots well. . .....
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Old February 17, 2015   #35
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Thanks DuckCreekFarms, Good general info on propagating berry plants and it is much appreciated.
Thanks again.
Dutch
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Old February 17, 2015   #36
Robert Hays
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If I could only have one variety of blackberry, the Triple Crown would be the one I would have. I have 1100 plants of this variety. and will be getting more this fall. I try to have about the same number of plants from each variety that I grow. I do this so when the production starts in spring (app. May 22) I will have about the same amount of berries all way through the end of season in Mid Sept.
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Old February 17, 2015   #37
NewWestGardener
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Thank you Robert for sharing your experience with us. I now know something about the boundaries of patented plants, and certainly will pay more attention to it when buying plants in the future. I have to check to see if my Boysenberry plants are patented or not, because I was thinking of sharing a few suckers with my neighbour, rather than wasting them to compost.
I would have similiar reactions to your earlier comments as others, common sense to gardening. As you reveal more about what you know and where you come from, it becomes more clear that you were trying to help here and it's appreciated.
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Old February 19, 2015   #38
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Quote:
Originally Posted by Robert Hays View Post
Drew, I am not going to argue with you about what they will or wont do. My experience is that there was a small farmer that started to sell a few plants at several farmers markets and someone bought one had the DNA from plant found out that it was under patent and he did not have license to propagate, he is currently serving time he lost his farm of 25 acres and the patent owner came to me since I was consulting for the other small farmer, to get started in the berry business. I had to prove to them where every one of my plants came from so they would see I wasn't infringing on their patented plants. I keep records of everything. So you will never know who will or wont show up, just saying. That other farmer didn't have but 25 plants that he bought and still had those and a few more and sold something like 30 plants from suckers.
Quote:
Originally Posted by Robert Hays View Post
On a last note if I get blasted for sharing my experiences, and let people know what can happen and about the laws etc. Then Maybe this group is not for me! I will thinkl about it for a day or two to decide if I will remain in this group!!!
Your input is appreciated here. Really. Please don't confuse posts directed at the very idea of limiting a persons right to propagate their own food with a personal attack at you. Absolutely no one should propagate cloned patented stock and resell it without paying the proper royalty. But propagating for your own use? That's a very contentious matter indeed. It is good that you mentioned what can happen though. We all know you didn't write the law, and actually offered to help get people a reasonable discount! So it's nothing personal against you. We are not trying to shoot the messenger. Buyer beware. That's my motto. Now people know, and they can respond to that knowledge as they feel is appropriate.
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Last edited by Redbaron; February 19, 2015 at 12:32 PM.
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Old February 19, 2015   #39
drew51
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As far as the patents if you're earning a living yes you might be approached, but backyard growers? I don't think so. I'm just a backyard grower. Plus I don't break patent law anyway. I hope to earn a living off of it one day!
Boysenberry is super old and not under patent, at least the thorny type. I have Nettleton's Creamy white but it is a young plant, and all. Not sure it will make it though my winter either. I just planted it last spring. I also have Burbank's white. Same thing, just planted. I also planted a yellow black cap wild raspberry. All yellows I have seen are from reds, this is a different beast. The berries are big for a wild black cap. From a friends harvest. I just planted mine.

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Old February 19, 2015   #40
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Some of the best blackberries I have ever had were wild ones.
I have had them from lime stone rocky outcroppings growing in the cracks that were so sweet it is unbelievable.

I have also had some of the worst blackberries in my life that grew in south east Texas along the coastal areas.
They were growing in black gumbo soil and had what I would consider way too much water.
They were tasteless.
The blackberries in the store are horrible also.

Then the place I lived at before had them growing wild in a spot of land on the other side of the fence.
They were great also.

I'm thinking about digging wild ones here and propagating them on my property.
They grow wild along the roadside.
I have no need to buy a plant that grows wild in my area.

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Old February 19, 2015   #41
Robert Hays
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Drew where did you get your Nettleton's Creamy? I am having a hard time finding it. I have some Snowbank and white pearls coming but cant find the Nettleton's even at agri-starts
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