hort.net Seasonal photo, (c) 2006 Christopher P. Lindsey, All Rights Reserved: do not copy
articles | gallery of plants | blog | tech blog | plant profiles | patents | mailing lists | top stories | links | shorturl service | tom clothier's archive0
Gallery of Plants
Tech Blog
Plant Profiles
Mailing Lists
    Search ALL lists
    Search help
    Subscription info
Top Stories
sHORTurl service
Tom Clothier's Archive
 Top Stories
Disease could hit Britain's trees hard

Ten of the best snowdrop cultivars

Plant protein database helps identify plant gene functions

Dendroclimatologists record history through trees

Potato beetle could be thwarted through gene manipulation

Hawaii expands coffee farm quarantine

Study explains flower petal loss

Unauthorized use of a plant doesn't invalidate it's patent

RSS story archive

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.

To sign-off this list, send email to majordomo@mallorn.com with the

 © 1995-2015 Mallorn Computing, Inc.All Rights Reserved.
Our Privacy Statement
Other Mailing lists | Author Index | Date Index | Subject Index | Thread Index