Re: Tattoo
In a message dated 9/21/1999 11:54:24 PM Central Daylight Time,
halinar@open.org writes:
<< A plant patent is only good IF the owner of the patent enforces the
patent. Patents are not enforced by the government. >>
That is correct.
The action would arise under the patent laws which give federal courts
exclusive jurisdiction in patent infringement cases.
One should note that a person who is accused of infringement may bring a
declaratory judgement action against the patent holder. 28 UCS sec. 2201
This is a very useful device for persons who are threatened with lawsuits, by
the patent holder, for patent infringement.
In respect of hostas, I should think that a patent holder would be somewhat
at a disadvantage to sue someone for patent infringement. Just imagine the
burden of proof the patent holder would face.
Clyde Crockett z5
---------------------------------------------------------------------
To sign-off this list, send email to majordomo@mallorn.com with the
message text UNSUBSCRIBE HOSTA-OPEN
