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This is a very complex matter. The same law applies to all plant patents. There are two things to consider, one is the plant it is patented and the name is also copy writed so that you can not use either. What about strawberries and other small fruit, they spread without any effort to increase them, even if you do not want it to happen. I am not going to remove all the runners and the new plants from raspberries for instance, but that is a method of propagation.

 

I think that the motive is the main difference, maybe I want to graft a second or third tree for my own use.

 

 

 

 

Ed Mashburn
707 Front Street
Northumberland, PA 17857