Re: Pelfi 'Disco'
- Subject: Re: Pelfi 'Disco'
- From: Barry Roth <barry_roth@YAHOO.COM>
- Date: Wed, 2 Jun 2004 19:45:31 -0700
Again, I wasn't trying to play "patent policeman." I do not think that a patent expires just because the owner ceases to produce or market the variety. However, the owners' actions and intentions might affect the amount of damages they could prove at trial, if they ever filed a lawsuit. I'm sure this is purely hypothetical where a single hobbyist is concerned.
Now that you point it out, that is an interesting point; and my interpretation is probably not what Fischer officially sanctions. I hadn't really considered it previously, although I probably should have. I went to the initial source, and when they said it was no longer in production, it only seemed logical to see if anyone still had it around.
If a commercial grower with a patent is no longer producing the plant with no intention of producing it again, does the patent still apply? How long is a plant patent good for?
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