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Re: Breeders' Rights

  • Subject: Re: Breeders' Rights
  • From: halinar@open.org
  • Date: Sat, 21 Jul 2001 08:59:58 -0700 (PDT)

Chick:

>If your wholesaler friend divides a patented plant he has violated 
>the patent.

What happens when the plant divides itself!  Is the plant then in 
violation of the patent laws?

Actually, the original purpose of the plant patent laws were to 
protect things like trees and shrubs where you took cuttings and 
rooted or grafted them.  The patent laws are really quite vague when 
it comes to herbaceous perennials that naturally divide.

Also, plant patents are only good IF the patent owner inforces the 
patent, and there are some other things that you have to comply with 
in regard to labeling.

Joe Halinar

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