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Re: Tattoo


Clyde:

>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.

I'm not a lawyer, but I do believe that there are some provisions in 
the patent laws that allows non-commerical growers to dispense with 
NATURAL increase.

A patent holder at best can only keep LARGE commerical growers from 
openly selling propagated stock.  If I am a patent holder I can check 
various catalogs and see if someone is selling my patented plant, but 
it is a constant vigilance.  I'm not sure too many hostas are worth 
the effort.  Cut flower lilies are routinely patented, but there the 
royalities can amount to hundreds of thousands of dollars, so it may 
be worth the effort.  If you patent a hosta YOU have to be the one who 
looks for the violators.  Unless you are talking big bucks it isn't 
worth it.

Joe Halinar

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