[NAFEX] how long do plant patents last?

Mark Angermayer hangermayer at isp.com
Thu Oct 8 10:56:42 EDT 2009


For plant patents filed before 1995, patents expire 17 years from date of ISSUE.  After 1995 patents expire 17 years from date of ISSUE, or 20 years from date of FILING, whichever is greater.

Mark
KS
  ----- Original Message ----- 
  From: Richard Harrison 
  To: North American Fruit Explorers 
  Sent: Thursday, October 08, 2009 9:18 AM
  Subject: Re: [NAFEX] how long do plant patents last?


        17 years if I recall correctly---that's assuming no trademark. Trademarks are hard to deal with. When the patent expires, the trademark cannot be used by others to sell the variety.
                                                                                    Richard

        --- On Thu, 10/8/09, Kieran &/or Donna <holycow at frontiernet.net> wrote:


          From: Kieran &/or Donna <>
          Subject: [NAFEX] how long do plant patents last?
          To: "North American Fruit Explorers" <nafex at lists.ibiblio.org>
          Date: Thursday, October 8, 2009, 9:12 AM


          I know one of the Hinnomaki gooseberries was in my old Fruit Nut and Berry 
          Inventory, that was some 20+ years ago.  I figure someone here knows.  Donna 

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