I am no help in IDing but a plant patent lasts 20 years from the filing date.

where did you buy it from?

will you recognize the name if you see it..

both of my var's were poor flower performers..... and frankly really ugly plants...

You can propagate and divide any patented plant as long as it is for your own use or if you are sharing it with other gardeners to plant in their own gardens. The plant patent police frown upon propagating patented plant material and then selling it to make a profit.

Mock Orange are easy to make more of, chop off a chunk of the bush with roots attached with a shovel, and plant the division immediately. It will grow and bloom the first season.

True Jeb the plant police are unlikely to go after a homeowner, however you are supposed to ask for permission from patent holder.

@Jeb zone 5 It's my understanding that even propagating for your own use is prohibited, though it's unlikely they'll show up at your garden and cuff you. :o) I do have a license for a small retail nursery and do plan on selling plants...someday. I used to have a box with a tag from every plant, but due to some health issues, I tossed them thinking I'd never need them. Feeling a bit better these days.

Before I realized the issues around patents I had already propagated my plant. It wasn't until today when I started searching for the possible identification that I noted some were patented. I did some searching via google patents, and I did find one patent issued in 1967, but since I don't know the cultivar, not much help.

@ken_adrian Adrian MI cold Z5 I don't recall where I bought and I wouldn't recognize the name.

My only real hope is someone will recognize a distinct characteristic and know the name. I know that's not likely, but can't hurt to try. Someone might also know that 10 years ago there was only one variegated mock orange on the market and identify it that way.

All slim hopes.

Thanks.

Maybe “Innocence”?

@mazerolm_3a It certainly could be. it also looks like "illumnaiti sparks"

SB, you are correct - asexual propagation of any plant currently under patent is prohibited, even for homeowner use.

That aside, I'd put good money on yours being a selection of Philadelphus coronarius 'Variegata', which has been around donkey's years, is extremely widely planted and under NO patents. The few more recently patented variegated cultivars have not been around long enough to be suspect in your case.

@gardengal48 (PNW Z8/9) I was looking at coronarius and it has whiter variegation than mine, mine is definitely yellow.

I've propagated plants under patent where I had one die. I figured I had some unused licenses. I don't know if it's legal, but I don't feel I'm doing anything wrong.

It's unlikely anyone would go after you unless you're selling them wholesale.

@ken_adrian Adrian MI cold Z5 I don't recall where I bought and I wouldn't recognize the name.

==>> my point.. if i had one is.. is it a collector plant worthy of a name. .. or just big box stock..

i swear i bought 3 different MOs all labels simply as variegated.. or variegata ... which either means they were just old fashiononed ugly plants with some speckled leaves.. and they were .. and not some high end 3 inch flowered plants ...

across many spectrum of plants.. i often wondered if calling your plant variegata is simply a way to avoid the issue you are wondering about ....

i once got an email from some atty or what not.. demanding i stop posting pic of thuja sunkist ... as it infringed on their patent or copyright... i told them to go suck a lemon. because i researched it and found out the plant was named and registered in like 1870 or something stupid like that.. and if they yelled too loud.... they might lose there priority .. lol .. actually it might of all happened in this forum ... no emails. ...

can someone easily find out when it was named sunkist ... thx ...

ken

Ken Thuja Sunkist - year introduced

" i once got an email from some atty or what not.. demanding i stop posting pic of thuja sunkist ... as it infringed on their patent or copyright... i told them to go suck a lemon. because i researched it and found out the plant was named and registered in like 1870 or something stupid like that "

@ ken_adrian Adrian MI cold Z5, 'Sunkist' was introduced to the trade in 1968. It has never been patented or trademarked so whoever contacted you was very likely just pulling your leg as there is NO legal basis for their complaints.

@gardengal48 (PNW Z8/9) Thanks for the info. Where did you find the info on "Illuminati Sparks". I tried the patent numbers in google patent search, but no hits.

https://patents.justia.com/patent/PP34296

Illuminati Sparks is a marketing or trade name. The actual cultivar name is 'SNMPVB'.

As an aside (and because you intend to market your plants), marketing or trademarked names do not require quotation marks. Only the registered (and in this case, patented) cultivar name does. And it is always single quotation marks, never double.

I have a variegated philadelphus coronarius which was originally cultivated by Rev.E.A.Bowles, back in the mists of time. Have had mine for at least 20 years. Not really aware of much breeding of coronarius done in the last C. Mostly, t thought, there was more interest in microphylla varieties as largish shrubs have not been so fashionable since their hayday when popularised by nurseries such as Lemoine. Just a wild assumption though, so quite likely to be wrong.