Q: can i be charged a royalty on a plant with an expired patent ?
A:
No. There are many cases where a contract between the patent owner and the licensee stipulated that the licensee will pay royalties even after the patent expires or is found invalid. In such cases, courts have always ruled that such stipulations are not enforceable, under the theory that such stipulations illegally restrain free commerce.
So, no, unless there is something more to your contract, you should not have to pay a royalty.
Griffin Klema agrees with this answer
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