[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



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