[NAFEX] patenting questions
list at ginda.us
list at ginda.us
Sat Aug 12 14:14:33 EDT 2006
On Aug 12, 2006, at 12:30 PM, tanis cuff wrote:
> After seeking info til I feel like I'm going in circles, I don't
> find clear
> answers to the following. Can anyone suggest good info sources, or
> offer
> case histories? Please/thanks.
>
>
> 1-- Can "chance seedlings" be patented only if they grew in
> deliberately
> planted nursery row, from seeds intended as starts for nursery stock?
>
> 2-- Chance seedlings found growing wild can NOT be patented?
I don't have a source, and I'm not a lawyer, but I'd be shocked to
learn chance/found seedlings can not be patented. The patent holder
did the work of finding it, evaluating it, and propagating it.
Several well known cultivars were found (probably in nurseries, and
not in "the wild", but not intentionally bred or planted) including
Rome, Red Delicious, and Golden Delicious. I know that Red and
Golden Delicious were patented for a while.
Ginda
More information about the nafex
mailing list