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Re: CULT: Patently Confused

From: Kenneth Walker <kenww@pacbell.net>

 Iarejan@aol.com wrote:

> In a message dated 8/15/99 7:34:46 PM Eastern Daylight Time,
> vincelewonski@yahoo.com writes:
> <<   If you can patent a rose, you should be able to patent
>  an iris, right?  >>
> Vince,
>     GADZOOKS!   I hope not!   Can you imagine the cost of an intro when
> everyone but the hybridizer has to pay a patent fee just to sell it???  I
> really don't know about recent patent law, or how it affects plants.   Heck,
> I only discovered that iris rebloom about a year ago.  <g>

 Rose breeders choose to patent their roses so they can  charge growers fees
for doing artificial vegetive propogation of the roses, i.e grafting or rooting
I'm certainly not an expert on patent law but I suspect the problem with
iris is that they naturally propogate vegetively when the rhisomes divide.
law can prevent you from creating something someone else has patented, but
can't prevent you from selling something you own and once the rhisomes divide
you own multiple plants of the same cultivare. Does anyone know enough
about patents to confirm or refute my theory?

   Ken Walker

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