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

Thanks Bruce
	This clears up alot. This is why I don't bother with ppaf plants. Just
easier to not have to mess with it. That is why I never bought any
Aristocrats, for selling later anyway.

BanyaiHsta@aol.com wrote:
> Bob, I have experience in patents and intellectual property management from
> my professional business experience, apart from hosta, so can offer the
> following possible helps in this potentially messy situation.
> Tattoo, ppaf, literally tells the world that in the U.S. ( since it is a U.S.
> patent and rights apply only here ) the originator or name on the patent
> application intends to police and protect the value of this patent, whether a
> plant, a software idea or piece of machinery. They have every intention of
> asking for a royalty on the patented merchandise, but as of right now he is
> waiting for the issuance or denial of his rights. Same as patent pending.
> Until such is issued they would have to individually negotiate every sale and
> purchase contract to include the value.
> They can sell into commerce WITHOUT that right being issued, but preserve it
> by advising the buying world, as Tony correctly indicated. Once the patent is
> granted the status changes and all the rights to licensing and propagation
> contracts revert or fall back to him, for 17-20 years, as long as he
> continues to pay the fees and maintains the active status of the patent.
> Anyone who violates his patent rights, whatever he chooses those to be, is
> then subject to damages determined by a court of law TIMES 3. He can prevent
> propagation, sales, sell only through licensed distributors, any of a number
> of different ways to protect his " intellectual property".
> If he receives a patent and over time chooses not to enforce it equally to
> all parties, he or she could lose the patent value, as it then is deemed to
> be in the commercial realm.
> In the plant world patents are generally used when there is a plant or
> horticultural material whose characteristics are so unique that it is easily
> policed and enforcable. Hostas will have a tough time, except if you are a
> commercial grower, whereby it can become economically disadvantagous to
> ignore these rules of law.
> Without going into the specifics, Kodak used some patented instant film and
> camera technology from Polaroid, ignoring the patents and intellectual
> property ( or brains ). After a few years Polaroid proved it and the patent
> courts awarded : ready for this
> $1 Billion damages,
> which was the tripled to $3 Billion. Due to the time to prosecute the case,
> courts added $1 Billion in interest  Total penalty: $4 BILLION
> They settled out of court for something less, but over $ 1 Billion, as I
> understand it.
> It obviously seriously effected the corporate makeup of Kodak. The curious
> thing is Kodak knew they were in violation and kept using it. Polaroid is
> still receiving payments, even though the technology is now out of date.
> I suspect that most respectable commercial hosta growers would gladly pay the
> royalty to stay clean and pass a $1-2  upcharge to the consumer. A consumer
> would be equally guilty if they divided a plant and received money for it. If
> you don't tell anyone what you do with your ppaf plants or where you got
> them, it would not become an issue. But who can't tell someone where they got
> "this great deal on so and so plant"
> Also if you would happen to auction a plant either in person or
> electronically that had been patented, you would be liable for damages,
> should enforcement occur. And since they can come in and ask  a grower for
> their sales records are on 'Tattoo', for example, you would have to answer by
> subpoena if not willingly.
> Actually this patent stuff is a response to major commercial theft by other
> parties and countries that have little or no investment in research and
> development and ethics. They shall remain unnamed but rest assured they are
> going ahead and violating many patent laws, with all sorts of material.
> I spoke about 15 years ago, when my mother had several hostas she considered
> worth patenting, with one of the leading horticultural plant suppliers that
> maintains plant patents and pays royalties on patents to the originator. They
> felt the international influence on rapid hosta production and increase in
> tissue culture production would negate patents.
> You could imagine the financial impact of a patent on 'Gold Standard', which
> was considered briefly at the time it was first sold to Walters Gardens.
> Hope this helps - let me know if I have only confused you.
> bruce
> ---------------------------------------------------------------------
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Bob             Bob Axmear  208 2nd St Ne  Waukon, Ia 52172
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