Re: Breeders' Rights
- Subject: Re: Breeders' Rights
- From: C*
- Date: Sat, 21 Jul 2001 14:57:14 -0400
Or what would happen if an alligator ate your hosta and later you found a
pile of alligator flop and there were two hostas growing out of it, would
the alligator be guilty of patent infringement? And who would you sue?
The alligator, or the person who let his alligator eat your hosta?
halinar@open.org wrote:
> 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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