1. No, you cannot graft a patented cultivar, even for your own
noncommercial use.
2. No, same as above.
Note however, that patents expire. If the plant was patented many
years ago and is no longer sold by the patent holder, the patent may
have expired, in which case these would be okay legally, and morally.
Personally, I have trouble respecting the moral claim to a patent or a
copyright of anything that the owner of is no longer selling. (Selling
a low volume item every few years counts as "still selling", but
there's lots a abandoned property out there. It may not be legal, but
I haven't been convinced it's immoral to clone or copy in these cases.)
In some cases, you can buy the rights to copy a patented plant fairly
cheaply. (At least, cheap if you just want to make a couple of plants
for you and your friend.) I would pursue this if I had a patented
plant I wanted to propagate.
3. Good question. I don't know the answer. If the people you bought
the original plant from are still selling it, they may know. Even if
they aren't selling it, they may be able to direct you to the patent
holder, or some other seller. You could also research commercial
sellers through the seed-savers book - any reputable commercial seller
ought to know the patent status of whatever they are selling. Most of
them will also have someone who could share that with you.
Ginda
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