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1.  No, you cannot graft a patented cultivar, even for your own 
noncommercial use.
2.  No, same as above.

Note however, that patents expire.  If the plant was patented many 
years ago and is no longer sold by the patent holder, the patent may 
have expired, in which case these would be okay legally, and morally.  
Personally, I have trouble respecting the moral claim to a patent or a 
copyright of anything that the owner of is no longer selling.  (Selling 
a low volume item every few years counts as "still selling", but 
there's lots a abandoned property out there.  It may not be legal, but 
I haven't been convinced it's immoral to clone or copy in these cases.)

In some cases, you can buy the rights to copy a patented plant fairly 
cheaply.  (At least, cheap if you just want to make a couple of plants 
for you and your friend.)  I would pursue this if I had a patented 
plant I wanted to propagate.

3.  Good question.  I don't know the answer.  If the people you bought 
the original plant from are still selling it, they may know.  Even if 
they aren't selling it, they may be able to direct you to the patent 
holder, or some other seller.  You could also research commercial 
sellers through the seed-savers book - any reputable commercial seller 
ought to know the patent status of whatever they are selling.  Most of 
them will also have someone who could share that with you.

Ginda



On Nov 24, 2003, at 6:36 PM, shambeda wrote:

>  I have some questions concerning patented varieties of apples. The 
> questions are
> related to handling patented varieties (patented by others) without 
> getting into
> trouble with the law or the patent holder.  I was hoping that one of 
> you can
> provide me some insight and answers to these questions, and perhaps 
> other related
> questions that I have not considered.
>
> 1. Can I take a scion from a tree I own and graft it onto another tree 
> I own?
> 2. Can I give a patented scion to another homeowner?
> 3. How do I determine if the tree (named variety) is patented?
>
> Thanks in advance for you wisdom and guidance.
> Steve
>
>
>
>
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