[NAFEX] Pixie Crunch apple scionwood - Not

Mark & Helen Angermayer hangermayer at isp.com
Thu Jan 25 12:51:06 EST 2007


I read the archived patent discussion the group had a while back and try to honor patents.  Last spring I wanted to propagate for my own use, or for family and friends the PRI releases "Enterprise" - aka. Coop 30 and Williams Pride - Coop 23.  I contacted Purdue Research Foundation, assignee to the patents and explained my situation.  Mark (?) representative for the foundation,(can't remember his last name) gave me an informal approval to propagate for my uses.  He said if I wanted I could donate any nominal propagation fees to my favorite charity, given in name of  Purdue Research Foundation, which was fine with me.   

Conversely, I wanted to propagate some new peach releases from Arkansas University. I contacted John Clark and he did not give me approval.  I had already taken a budgraft from one of their patented trees.  I had successfully grafted it on another tree.  It didn't make me feel very good to go out and knock it off.

So it depends on the patent holder how much grace they allow.

With regard to Pixie Crunch,  it is listed on the Purdue site as Coop 33.   It's patent number is 13871. 

One thing more, sometimes nurseries are confused what is patented.  I see nurseries listing things and collecting fees for cultivars that have expired patents. Or more commonly not listing some cultivars as patented.  Even Purdue, when I corresponded recently, wasn't aware "Williams Pride" patent had expired.   The rule for plant patents is 20 years from date the application is filed or 17 years from the issue of patent, whichever is greater.   That is, assuming the plant doesn't have an international patent which lasts longer.  Williams Pride has only a US patent and expired on both counts.

It's a bit frustrating to have to work hard to stay within the law.  >From now on I am trying to stay away from plants under patent protection.  The old cultivars need to be kept alive anyway.

Mark Angermayer
Zone 5 Kansas
  ----- Original Message ----- 
  From: Thomas Olenio 
  To: 'North American Fruit Explorers' 
  Sent: Thursday, January 25, 2007 7:57 AM
  Subject: Re: [NAFEX] Pixie Crunch apple scionwood - Not


  Hello,

   

  You can do an online patent search to discover who holds a patent, and their address.

   

  http://www.uspto.gov/patft/

   

  I had little luck in contacting the patent holder for Titania blackcurrant.  He had no idea how to handle a single individual, or establish a straight forward royalty fee.

   

  I just wanted to propagate a couple more bushes (for myself) from the single plant I had purchased from a nursery.  Having read all the NAFEX posts on patents I thought I would try to honor the patent.

   

  Possibly he was the exception.  In my limited experience, patent holders are interested in the large producers, not the individual propagating for their own limited, personal use.  I think we are more of a bother than we are worth to them.

   

  I am not saying to abuse a patent, just stating the realities I ran into.

   

  Later,

  Tom

   

   


------------------------------------------------------------------------------

  From: nafex-bounces at lists.ibiblio.org [mailto:nafex-bounces at lists.ibiblio.org] On Behalf Of BekeeprTop at aol.com
  Sent: Thursday, January 25, 2007 8:35 AM
  To: nafex at lists.ibiblio.org
  Subject: Re: [NAFEX] Pixie Crunch apple scionwood - Not

   

  Someone inquiring about permission to propagate the patented Pixie Crunch could ask if a standing agreement could be struck so any NAFEX member can see where to send how much money for each propagation.  Put it on a new webpage.  It sounds like multiple people want to propagate this sweet apple;  why can't one do it once and get an agreement for all?

  Charlie Paradise



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