Re: Breeders' Rights
- Subject: Re: Breeders' Rights
- From: D*@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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