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Re: Breeders' Rights


Nobody polices plant patents at the local level. If a major grower is
selling your plant and you didn't give them permission, you're probably
going to find out about it sooner or later.  Beyond that, there are always
going to be people who ignore patents because they don't care, others who
won't propagate the plant because they know it's wrong.  Frankly, I doubt
that most patent holders care what small growers do, other than the fact
that there may be a principle involved.  If I'm not mistaken, in order to
collect in a suit for patent infringement you have to show damages.  Nobody
is going to sue you for propagating a couple hundred dollars worth of
plants.

I'm not sure whether I will patent any plants or not, but if I do, I think I
will look into whether it is reasonable to give blanket permission for
anyone to propagate up to 100 plants a year, which would allow all but the
large commercial growers to ignore the patent.

Chick

Ray W wrote:

> My question would be: How could you monitor such a thing?
>
> Ray
>
> Chick wrote:
>
> > It's really very simple.  If your wholesaler friend divides a patented
> > plant he has violated the patent.  You buy one plant and sell one
> > plant.  If you divide it you have asexually propagated it and that's
> > prohibited unless you have permission from the patent holder..
> >
> > Chick
> >
>
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