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RE: Breeders' Rights


One thing that has occasionally crossed my mind
with patented plants is what happens when the plant
sports.  Since the plant is not to be divided or 
propagated with out the patentee's permision... you
are essentially dividing off the sport which is 
part of the patented plant...  how much credit/
possible permision/registration issues are given
back to the patent originator?  Or are there any
issues?  

I just figured that I'd throw it out there as
this thread was cooling down abit, unlike the
weather here in the midwest...
Mike
Milwaukee

-----Original Message-----
From: Chick [mailto:chick@bridgewoodgardens.com]
Sent: Saturday, July 21, 2001 1:57 PM
To: hosta-open@mallorn.com
Subject: Re: Breeders' Rights


Or what would happen if an alligator ate your hosta and later you found
a
pile of alligator flop and there were two hostas growing out of it,
would
the alligator be guilty of patent infringement?  And who would you sue?
The alligator, or the person who let his alligator eat your hosta?

halinar@open.org wrote:

> Chick:
>
> >If your wholesaler friend divides a patented plant he has violated
> >the patent.
>
> What happens when the plant divides itself!  Is the plant then in
> violation of the patent laws?
>
> Actually, the original purpose of the plant patent laws were to
> protect things like trees and shrubs where you took cuttings and
> rooted or grafted them.  The patent laws are really quite vague when
> it comes to herbaceous perennials that naturally divide.
>
> Also, plant patents are only good IF the patent owner inforces the
> patent, and there are some other things that you have to comply with
> in regard to labeling.
>
> Joe Halinar
>
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