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
New Trillium species discovered

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

RSS story archive

Re: Breeders' Rights

  • Subject: Re: Breeders' Rights
  • From: "Ransom Lydell" <ranbl@netsync.net>
  • Date: Sat, 21 Jul 2001 22:42:23 -0400

As things stand , it would be up to the "patent Holder" to prove that the sport you have found in your garden, is the same (genetically) as his .  This would require some fairly complicated and for most , expensive work.  The assumption as of now, is that if you and some one else, each have a green edged sport of , let's say Centerfold, that they are not the same, and should be treated as different.treated as different.  Of course if the patented plant is a hybrid from a cross, it is then unique, and you won't "just find one" in your garden.
----- Original Message -----
From: Don
Sent: Saturday, July 21, 2001 7:36 PM
Subject: Re: Breeders' Rights

What is one to do if one finds a patented hosta seedling or sport in
their garden that was the result of "natural selection"?  Should it be
destroyed?   Send a fee (or the plant) to the patent holder?  Could it
be tc'd if the profits went to charity?  What if one had their plant
like maybe 19 months and 7 days before the patent date of the "invented"
plant?  And does a plant from the hand of a mere mortal take precedence
in patent law over one from the hand of God? 

 © 1995-2017 Mallorn Computing, Inc.All Rights Reserved.
Our Privacy Statement
Other Mailing lists | Author Index | Date Index | Subject Index | Thread Index