[permaculture] public domain...patentable???
Dieter Brand
diebrand at yahoo.com
Tue Jan 22 04:16:58 EST 2008
> Is it actually possible to take what would seem to be in
> the public domain and actually patent it...
No, of course not. You may be able to patent an improvement
if you can prove "novelty", ie., sufficient "inventive step" over the
"prior art", and if your invention has not been made public prior
to its filing with the patent office.
I'm not really familiar with plant patents, but I think, like
with the patenting of gene sequences, the USPO (US Patent
Office) is the most bullish (what else), the EP (European Patent
Office) is trying to put on the breaks (as to be expected)
and the Japanese Patent Office (JPO) is diplomatically
situated somewhere therein-between.
Dieter Brand
Portugal
mangodance <bmn at iglou.com> wrote:
The discussion of patents and heirlooms is puzzling and I'm trying to
gain clarity. Is it actually possible to take what would seem to be in
the public domain and actually patent it...such as an heirloom variety???
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