Plant Patents
- To: s*@egroups.com
- Subject: [sibrob] Plant Patents
- From: h*@eurekanet.com
- Date: Thu, 27 Apr 2000 08:57:59 -0400
Greetings,
I am much more of a reader than a writer, but this topic hits a real
sour note with me.
The biggest problem I see with plant patents, other than being just
plain antisocial, is that the patent itself does not keep someone from
either deliberately or unintentionally propagating a plant.
I unintentionally listed a patented hosta in our catalog a year or two
ago. There were only 2 patented hostas at the time (out of about 3000
regstrations) and I honestly didn't know anything about a patent. I
rather quickly got a letter from the patent holder threatening imminent
legal action if I didn't immediately stop selling it. (not a real
problem since no one had as of yet, wanted to buy any). Overlooking my
distaste for patenting a living thing, this brings up the real problem
with patents. Besides the expense and paperwork of getting one, you have
to enforce the patent or it was a real waste of money getting it in the
first place. This means checking any catalog which might contain your
plant, checking nursery centers and wholesalers. If you find you plant
for sale somewhere, a letter needs to be written and then you need to
sue the offending party if they don't comply with your wishes. I
couldn't really enjoy my garden if I had to spend my time being the
plant police.
Just my opinion and worth what you paid for it.
Jane
--
Hoot Owl Hollow Nursery
New Marshfield, Ohio
http://www.hootowlhollow.com
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