North American Fruit Explorers mailing list at ibiblio

[Jim Fruth <jfruth@uslink.net>]

Heron,  
   There are people out there who make regular visits to the U.S Patent
Office hoping to discover sellable items patented by individuals.  Then they
manufacture the item selling it in areas of the Country away from the patent
holder.  IF they ever get caught AND IF the patent holder has money enough
for a law suit, they might stop producing it and the patent holder has no
way of knowing how many of the items were sold so he doesn't get much
restitution and the thieves may have gotten rich.
   Now apply this scenario to plant patents.  It is easy to prove a
duplicate device is a fraud but proving the same with plants is alot more
difficult.  The plant patent holder must have dna tests done on his and
suspected copies.  Dna tests are expensive, may take months to get performed
and are easier to dispell as fiction.  The checks and balance system with
regard to plant patents requires a bit more honor than with devices but
small-time crooks are less likely to get caught or be prosecuted.  If we
were to sue a large (offending) plant company, we stand to gain something.
If we sue the small-time crook we have little to gain  Is the little-gain
worth the expense of suing?  The small-time crook knows that.
-- 

Jim Fruth
Brambleberry Farm
Pequot Lakes, MN
www.bberryfarm.com
Jams, Jellies and Syrups