Re: plant patents
- To: s*@egroups.com
- Subject: Re: [sibrob] plant patents
- From: I*@aol.com
- Date: Mon, 1 May 2000 08:13:21 EDT
In a message dated 4/30/00 11:32:04 PM, karlkate@valuelinx.net writes:
<<Having read with interest the messages about patenting siberians, I
consulted my book about patents. It is called PATENT, COPYRIGHT & TRADEMARK
and is published by NOLO PRESS who publish several books about small
business legal matters. They say and I have paraphrased in some areas (I
gathered this from several sections of the patent section of the book);
"Plant patents may be granted for plants that are novel, nonobvious and
produced by asexual or sexual breeding (cross-breeding, grafting, budding,
cutting, layering or division)."
"The U.S. Patent and Trademark Office (PTO) assigns an examiner who decides
whether the application meets requirements and if the invention qualifies
for a patent. Usually back and forth communications occur between the
applicant and the examiner typically taking one to three years and may
involve significant admendments. Eventually if the examiners objections are
overcome, the invention is approved for a patent. The applicant pays a $625
fee (for companies with less than 500 employees) and the total fees from
application to expiration is well over $3000."
"The PTO must determain if the invention was novel and then a more
difficult decision, if the invention was non obvious."
"The plant patent period is 17 years from date of issuance."
"Most inventors do not develop their patened product. Rather they license a
developer who pays royalties for each invention sold."
"Once a patent is granted, the owner may enforce it by bringing an
infringement lawsuit against anyone who uses the invention without the
patent owners permission."
Sorry this was so long but like any government thing, it is usually
complicated. You may want to look at the web site for NOLO PRESS for
www.nolo.com for more answers and I hope I didn't break any copyright laws
here.
Karl Miller
Lark Label
Custom Imaged Solid Metal Plant Labels
>>
I trust you had a good weekend. My shoulders esp. rt. one still hurt. Tulips
in bloom.
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