Re: Tattoo
Clyde:
>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.
I'm not a lawyer, but I do believe that there are some provisions in
the patent laws that allows non-commerical growers to dispense with
NATURAL increase.
A patent holder at best can only keep LARGE commerical growers from
openly selling propagated stock. If I am a patent holder I can check
various catalogs and see if someone is selling my patented plant, but
it is a constant vigilance. I'm not sure too many hostas are worth
the effort. Cut flower lilies are routinely patented, but there the
royalities can amount to hundreds of thousands of dollars, so it may
be worth the effort. If you patent a hosta YOU have to be the one who
looks for the violators. Unless you are talking big bucks it isn't
worth it.
Joe Halinar
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