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asking how long to expect a response to take
To what?
To hearing from the ARS about obtaining a breederâs code. It seems variable from the comments Iâve read in several forums. Sometimes itâs fairly swift, usually it takes time. Itâs as if itâs either one person working part time and is over loaded or itâs done by volunteers who are understaffed. In either case, donât give up, they seem to always get back to you.
And in case anyone has difficulty locating the registration submission form, itâs here
Is there a basic checklist in preparing to introduce a new rose? Iâm guessing, first check HMF to make sure the name isnât taken, right? and Google, of course. Other databases? And then . . . ? Baby steps here. Thanks
The first thing is to determine to the best of your ability that the variety is distinct from any others. The name must ultimately be published, accompanied by a description, in order to become established (the ARS should ensure that this is done correctly during the process of registration). As for naming, if you use a code name (typically starting with the three-letter code that you were given when you registered as a breeder with the ARS), then the chances of duplicating an existing name are very slim. When you register the variety with the ARS, they will ensure that the name is uniqueâthat is one of the bedrock principles of the registration authority with which they have been entrusted. Most rose ânamesâ as perceived by consumers these days are actually trade designations, which exist outside of the formal rules of cultivated plant nomenclature and are generally (are supposed to be) used only in addition to the actual cultivar names. Trade designations, often formal or semi-formal trademarks, are not governed by the same set of rules and are not actually regarded as names under the International Code of Nomenclature for Cultivated Plants. As a breeder, checking to see if a cultivar name or trade designation has been used before is always a good idea as a first step. If you want to market your rose through a third party (a marketing firm, essentially a âmiddlemanâ), you may very well not have ultimate control over the trade designation that is chosen, but a cultivar name cannot be assigned against your wishes.
Stefan
First, ARS. Then, on HMF, can I add the name Iâd like?
For example, the rose in my I. D. photo on this forum, Iâd like to name after my late mother. The name has not been used yet.
That approach should work nicely. Registering the epithet with the ARS first will ensure that everything is done by the book, and that the name will be published in an accepted format with a description (which is a necessary condition of cultivar name establishment even if one chose to avoid registration). You should be able to add an entry for your selection on HMF even before a cultivar name is chosen, established and/or registered, using (for instance) a code number or number that you may already use to refer to it. Of course, anyone who wants to patent a selection in the U.S.âIâm assuming that you probably donât, but Iâll mention it just in caseâmust avoid publicizing anything about it, including photos, until within a year of submitting the the patent application. U.S. plant introduction firms will also want to know that any selection brought to them for consideration has not already been publicly disclosed.
Once the ARS registration and HMF listings are complete, can they be edited? Suppose, as time goes by, the sizes exceed previous records. Iâm slowly getting ready. Thanks, all!
HMF entries are entirely digital and can be edited. A cultivar registration publication must be something fixed (either physically printed, or a PDF published with an ISBN), so that cannot be changed after the fact. While ARS might be willing to update its Modern Roses listings from time to time with critical new information (you would have to ask them whether and how that is done, although someone here might have first hand experience), printed descriptions of a cultivar canât be changed.
When indicating a plantâs size, itâs generally better to state that a plant of the cultivar has been observed to reach a certain size after a certain number of years of growth, rather than trying to indicate a âmatureâ height. Plants never really stop growing, after all. You could also try to indicate a size at which it is reasonable to maintain the plant with regular pruning. Typical commercial descriptions of plant sizes are usually very misleading at best.
Stefan
What Stefan wrote, to which, I would add, if youâre going to state the size youâve observed, it may be worth adding where it was observed. Remember the Austin catalog stating this or that rose was a âmannerly 5â X 5â shrubâ, while in Southern California, the âland of endless summerâ, the same roses grew to nearly 20â climbers. Climate makes a world of difference.
European roses go through the same process or their is an European agency?
International cultivar registration by way of designated authority (an ICRA) is conducted by the American Rose Society, but cultivar registration may also (or instead) be conducted by a statutory authority, as happens with (for instance) the U.S. Plant Patent system or the Community Plant Variety Rights system in the EU.
Registration by either an ICRA or a statutory authority is equivalent in weight under the International Code of Nomenclature for Cultivated Plants. An ICRA does not have to accept a cultivar epithet that was registered by a statutory authority, but its acceptance or lack thereof has no bearing on the legitimacy of any name that has been accepted by a statutory registration authority.
Here is some information about ICRAs for the various genera that are currently covered by one:
Stefan
Timo,
I believe the relevant organization in the EU is the CPVO, which is not rose-centric, itâs just the general European plant patent agency.
I donât believe there is a specific place for roses only, but I could be wrong, having never tried it.
Any ideas for what you would do in the UK?
As the ARS is the âInternationalâ registrar, why wouldnât you go to the ARS from Britain or anywhere else you are?
Anyone may register their cultivar with the ARS (the international cultivar registration authority for roses); in the UK, you can also apply to obtain statutory variety protection in the form of plant breedersâ rights (PBR):
One obvious difference between the two processes is that mere cultivar name registration with an ICRA does not protect a variety from being commercially propagated without permission. Statutory protection generally costs considerably more than cultivar registration with an ICRA does, of course.
Stefan
Hopefully, youâre going to be able to find a business to introduce and market your variety so you can recoup your costs of patenting it (them). Registration documents your creation and, while it doesnât provide any âprotectionâ, it also doesnât cost anything.
If I ever will release a rose (probably not, it is a hobby) it will be limited to the European zone in the beginning. Which takes many years. Costwise it may be cheaper.