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.
----- Original Message -----
Sent: Saturday, July 21, 2001 7:36
Subject: Re: Breeders' Rights
What is one to do if one finds a patented hosta seedling or
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