Skip to Content.
Sympa Menu

nafex - Re: [NAFEX] Patented Varieties

nafex@lists.ibiblio.org

Subject: North American Fruit Explorers mailing list at ibiblio

List archive

Chronological Thread  
  • From: Tom Olenio <tolenio@sentex.net>
  • To: North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] Patented Varieties
  • Date: Tue, 25 Nov 2003 08:07:48 -0500

Hello,

I know that when I contacted a patent holder, they were totally flummoxed
that someone had taken the time to contact them. It was fruitless for me
(waste of a long distance call), as the patent holder had no idea what to
charge for royalty.

Later,
Tom

list@ginda.us wrote:

> Thanks, Lon. I should have said, "you can't legally graft a patented
> variety without the patent owner's permission." Obviously, the patent owner
> can give you permission, and I'm not surprised that many don't care about a
> little non-commercial propagation.
>
> Ginda
>
> On Nov 24, 2003, at 9:44 PM, Lon J. Rombough wrote:
>
> Actually, it varies with the breeder. Some breeders only ask that you
> not propagate varieties commercially without a license - one individual
> increasing a few plants for their own use isn't usually considered a
> problem. This tends to apply more to fruit than to ornamentals, though.
> As to where to find patents, all fruit patents are listed in the
> Register of New Fruit and Nut Varieties by Brooks and Olmo. The last
> edition was the 3rd edition. You can also get updated lists from the
> American Society for Horticultural Science. I have a PDF file of the most
> recent list from there. Also, patents are for a term of 17 years, so
> anything that has passed that term is open to propagation unless the holder
> extends the patent, which is very rare.
> -Lon Rombough
> Grapes, writing, consulting, my book,The Grape Grower, at
> http://www.bunchgrapes.com
> Winner of the Garden Writers Association "Best Talent in Writing"
> award for 2003
>
> 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
>
> _______________________________________________
> nafex mailing list
> nafex@lists.ibiblio.org
>
> To unsubscribe, go to the bottom of this page (also can be used to
> change other email options):
> http://lists.ibiblio.org/mailman/listinfo/nafex
>
> File attachments are NOT stripped by this list
> TAKE STEPS TO PROTECT YOURSELF FROM COMPUTER VIRUSES!
> Please do not send binary files.
> Use plain text ONLY in emails!
>
> Message archives are here:
> https://lists.ibiblio.org/sympa/arc/nafex
>
> NAFEX web site: http://www.nafex.org/
>
> ------------------------------------------------------------
> _______________________________________________
> nafex mailing list
> nafex@lists.ibiblio.org
>
> To unsubscribe, go to the bottom of this page (also can be used to change
> other email options):
> http://lists.ibiblio.org/mailman/listinfo/nafex
>
> File attachments are NOT stripped by this list
> TAKE STEPS TO PROTECT YOURSELF FROM COMPUTER VIRUSES!
> Please do not send binary files.
> Use plain text ONLY in emails!
>
> Message archives are here:
> https://lists.ibiblio.org/sympa/arc/nafex
>
> NAFEX web site: http://www.nafex.org/

--
Thomas Olenio
Ontario, Canada
Hardiness Zone 5b






Archive powered by MHonArc 2.6.24.

Top of Page