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Re: Tattoo


In a message dated 9/21/1999 11:54:24 PM Central Daylight Time, 
halinar@open.org writes:

<< A plant patent is only good IF the owner of the patent enforces the 
 patent.  Patents are not enforced by the government.   >>

That is correct.
The action would arise under the patent laws which give federal courts 
exclusive jurisdiction in patent infringement cases.
One should note that a person who is accused of infringement may bring a 
declaratory judgement action against the patent holder. 28 UCS sec. 2201

This is a very useful device for persons who are threatened with lawsuits, by 
the patent holder, for patent infringement.

 In respect of hostas, I should think that a patent holder would be somewhat 
at a disadvantage to sue someone for patent infringement. Just imagine the 
burden of proof the patent holder would face.

Clyde Crockett z5
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