Patented
Due to the tremendous risk, time and expense involved in developing a new hosta
cultivar by a hybridizer, hybridizers have started to patent their plants more
in recent years. Once a patent has been approved by the patent office, it is
issued a patent number and given exclusive legal rights to receive royalties to
control who makes, uses or sells the plant for a period often ranging from 17 to
20 years, depending upon the country. Growers are provided with labels for each
patented plant they purchase from the source. It is illegal to “divide”
(scientists call this is asexual reproduction) these patented hostas for resale
or use and they are “policed” by the label that is provided from the grower to
the purchaser.