North American Fruit Explorers mailing list at ibiblio

["Doreen Howard" <gardendiva@charter.net>]

There are such things as patent police, I learned at the Independent Plant 
Breeders Conference (University of Florida sponsored) last November in Ft. 
Lauderdale.  And, it's incumbent upon the patent-holder to police 
infringements.  You have legal remedy, of course.  But, you have to find and 
document the infringement before getting a lawyer.

Usually, when infringement is uncovered by companies that police for large 
plant propagators, an equitable solution is negotiated by both parties.  At 
least, that's what was said in one of the workshops. None of the panel 
members (large propagators & plant patent agents) cited a lawsuit for 
egregious patent violation.  A caveat here.....this conference concentrated 
on ornamental plants.

All this said, I'm sure there are plenty of patent violations, especially 
with plants that have been in the marketplace for years.  Ornamental plant 
patent-holders figure that they will make their development costs and 
profits in the first decade.  Beyond that, many don't bother policing.
Doreen Howard