North American Fruit Explorers mailing list at ibiblio

[Tom Olenio <tolenio@sentex.net>]

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
>
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--
Thomas Olenio
Ontario, Canada
Hardiness Zone 5b