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Re: Breeders' Rights

  • Subject: Re: Breeders' Rights
  • From: DonWachtel@webtv.net (Don)
  • Date: Sat, 21 Jul 2001 19:36:14 -0400 (EDT)
  • Content-Disposition: Inline

What is one to do if one finds a patented hosta seedling or sport in
their garden that was the result of "natural selection"?  Should it be
destroyed?   Send a fee (or the plant) to the patent holder?  Could it
be tc'd if the profits went to charity?  What if one had their plant
like maybe 19 months and 7 days before the patent date of the "invented"
plant?  And does a plant from the hand of a mere mortal take precedence
in patent law over one from the hand of God?  

Tough questions, but we need to cover all the bases here.

One other thing.  If a plant is significant enough to have a patent,
like the "Solar Flare" that I have had for 10 years, when can it be
expected to start growing?

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