Native Plants
![](../_images/smarty_plants.gif)
Q. Who is Mr. Smarty Plants?
A: There are those who suspect Wildflower Center volunteers are the culpable and capable culprits. Yet, others think staff members play some, albeit small, role. You can torture us with your plant questions, but we will never reveal the Green Guru's secret identity.
Did you know you can access the Native Plant Information Network with your web-enabled smartphone?
Ask Mr. Smarty Plants is a free service provided by the staff and volunteers at the Lady Bird Johnson Wildflower Center.
![](../_images/mr_smarty_plants_logo_web_200w.jpg)
rate this answer
![](../_images/star_30.gif)
Friday - September 20, 2013
From: Ashland, MO
Region: Midwest
Topic: Plant Laws, Plant Lists
Title: Are wildflowers in Missouri patented?
Answered by: Nan Hampton
QUESTION:
Are wildflowers in Missouri patented? If so where would I find a list of them?ANSWER:
The short answer is "No. Wildflowers found in an uncultivated state (i.e., in the "wild") cannot be patented."
There are plants that can be patented but these plants must have been created or propagated by the intervention of humans. Examples would be new varieties of cultivated plants, hybrids and transgenic plants.
Now, for the longer explanation:
According to the United States Patent and Trademark Office (USPTO):
"...any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products."
Further, the USPTO says:
"A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state."
BiOS says:
"In the United States, any living organism that is the product of human intervention (such as by some breeding process or laboratory-based alteration) qualifies as a composition of matter, which is patentable (Diamond v Chakrabarty (1980) 447 US 303). As a result, plants are patentable subject matter (35 U.S.C. 101). Furthermore, the United States has extended patent protection to plants produced by either sexual or asexual reproduction and to plant parts including seeds and tissue cultures (Ex parte Hibberd (1985) 227 USPQ 433)."
This would mean that new varieties of plants, transgenic plants, plant culture cells, plant breeding methodologies and other plant features that are developed through human intervention could potentially be patented. Wildflowers would be excluded from patenting since they are not the result of human intervention. Flowers growing in the wild, i.e., wildflowers, are growing in an uncultivated state.
If you are looking for a list of wildflowers that grow in Missouri, I can help you find a list of a majority of the wildflowers occurring in Missouri. Visit our Native Plant Database and do a COMBINATION SEARCH choosing "Missouri" from the Select State or Province slot and "Herb" from the Habit (general appearance) option. This will give you a list of more than 1,100 native herbaceous wildflowers found in Missouri. Our database contains most of the native plants found in Missouri that are also on the USDA Plants Database. The USDA Plants Database includes introduced species along with the North American native species. You can also use the "Advanced Search" mode on the USDA Plants Database to find plants in Missouri; however, it is a bit more complicated using this "Advanced Search" method to search just for native herbaceous wildflowers.
More Plant Lists Questions
Rabbit-proof Plants for Texas
July 03, 2014 - Do you have a list of flowers that rabbits will eat or will not eat so I know what to plant or avoid? I have a year-round rabbit population in my neighborhood and wish to co-exist with them without t...
view the full question and answer
How to solve a search problem on the Native Plant Database!
July 01, 2014 - When I use the LBJ Wildflower Center's Plant Identification Guide, it ALWAYS comes up with no results. It also ALWAYS comes up with Family: Acanthaceae. Could this be why NO question EVERY produces A...
view the full question and answer
Wildlife Attracting Plants for a Shady Patio
July 03, 2014 - We have a concrete patio that receives 2-3 hours of sunlight a day, so the only plants we will be able to grow will be in container. We are looking for plants that do well in shade, and containers and...
view the full question and answer
Landscaping with water garden from Pendleton SC
August 15, 2012 - Searching for native plants in SC. Your results miss some plants listed on your site. I noticed this reading the Mr. Smarty Plants response to "Edible Plants for North GA" We aren't far apart.
...
view the full question and answer
Plants for Shady Clay soil in Illinois
June 18, 2012 - Could you recommoned native plants for clay soil and shade near Chicago?
view the full question and answer
Support the Wildflower Center by Donating Online or Becoming a Member today. |