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Re: Drought Resistant Hostas---Also H. 'Revolution'

I'm not a lawyer but my understanding is that there is no protection until the
patent is granted, since it may be determined that something is not
patentable.  The designation is important though because it gives fair warning
to those purchasing with the intent to propagate it that they will not be able
to if the patent is awarded.  Revolution is currently PPAF.

I'm told that some people apply for the patent to scare people away from the
plant but do not go through with the entire process to get the patent, which is
much more expensive.  I don't know if that is true, but Walters is not that
type of organization and this plant will be patented.

What does it mean?  Nothing as far as whether Narda can divide her plants
someday.  Walters is not going to care about that.  But I can't buy a few
plants and grow them for a couple years and divide them the way I normally do,
that is, unless I don't care about the rules.  Under the rules, which I do
follow, I have to buy every plant I sell from Walters or a licensed propagator,
or if they will permit it, I could pay the patent holder a royalty for each
plant sold.  Walters may not care if Narda divides her plant, but will probably
get upset if anybody does it on a commercial level.


Bob wrote:

>         I wish someone would explain what ppaf means. I read somewhere on a
> government website that it has no meaning and is just a designation
> attached by a person who has applied for one. The site said if there is
> no patent there is no protection. Then I read on another site there is
> protection for two years or something like that or until a patent is
> granted. Any lawyers out there.

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