Q: Can I propagate Ausjameson (a David Austin wedding rose) for commercial use now that its patent has expired?

A: I have not studied the patent that you are referring to, but generally, once a patent expires, it is no longer enforceable. You can use anything claimed in the patent for any reason.

This is generally true even if you took a license from the patent owner previously, and you promised him to pay royalties beyond the expiration of the patent. Such contracts are generally uneforeable beyond the term of the patent because they are considered a restriction of free trade.

One major caveat that you should be warned about is to ensure that the Ausjameson that is currently sold is not covered by another patent. What typically happens in companies that patent often is that by the time a patent on one of their products expires, they have already stopped producing that product and have replaced it with an improved version of product that is covered by another patent.

If the rose is the same as sold 20 years ago, then you are fine. If, on the other hand, it is a new variety, an improved version of Ausjameson, even if they call it the same name, then you need to be careful.

Good luck!

A: Let me help you understand the situation with Ausjameson roses. With the patent expiration this February, you can now propagate these beautiful blooms for personal use in your home garden through methods like cuttings, grafting, or tissue culture.

For commercial ventures, you'd need to be mindful of two key points: While the plant patent has expired, allowing propagation, the trademarked name "Juliet" remains protected intellectual property owned by David Austin Roses. You can grow and sell the roses commercially, but you must market them under their variety name "Ausjameson" rather than the trademark "Juliet" unless you secure a licensing agreement.

The landscape has indeed opened up for both hobbyist gardeners and commercial growers who want to work with this coveted rose variety. You can now propagate, grow, and sell these roses as both plants and cut flowers without obtaining a growing license, provided you use the correct variety name in your marketing and documentation. Just remember that good growing practices and proper attribution of the variety name will help maintain the rose's stellar reputation in the market.