Re: Breeders' Rights

Don
As things stand , it would be up to the "patent Holder" to prove that the sport you have found in your garden, is the same (genetically) as his .  This would require some fairly complicated and for most , expensive work.  The assumption as of now, is that if you and some one else, each have a green edged sport of , let's say Centerfold, that they are not the same, and should be treated as different.treated as different.  Of course if the patented plant is a hybrid from a cross, it is then unique, and you won't "just find one" in your garden.
Thanks
Ran 
----- Original Message -----
From: D*@webtv.net
To: hosta-open@mallorn.com
Sent: Saturday, July 21, 2001 7:36 PM
Subject: Re: Breeders' Rights

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? 

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