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nafex - Re: [NAFEX] Moral and Legal Patent Quandries

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  • From: "Hal Love" <lovehd@comcast.net>
  • To: "North American Fruit Explorers" <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] Moral and Legal Patent Quandries
  • Date: Tue, 14 Feb 2006 11:22:10 -0600

Just checked and the only patented jostaberry in the US is 'Jostaki'. Keep
in mind that the patents are good for 17 years, so the 'Jostaki' patent has
expired, having been filed in 1985, and issued in 1987. I think its only the
filing date that determines the life of the patent. I have seen some
nurseries continue to charge patent fees well after the patents have expired
('Reliance' grape is one example, forget which nursery). The fee is usually
$0.25, so its no big deal.

If you want to search for a plant variety patent, go to
http://www.uspto.gov/, and click on the patent search on the left. You will
get a page with the choice of searching existing patents or patents that
have been applied for, but are pending approval. Use the quick search, and
type in keywords.

Hal
zn 6 TN




> Heron:
>
> I think NAFEX could help compliance to plant patent law by compiling a
list of patent holders, how much they expect to be compensated per plant
propagated, and the address to send payment to.
>
> Because: sometimes a nursery source for a particular patented tree cannot
be located, and it must be propagated independently. Also: many prefer to
propagate their own trees rather than purchase from nursery.
>
> The Jostaberries - a good backyard fruit - were propagated by complex
crosses by a german, and his estate requested fee for propagation. I
certainly would send to germany a reasonable fee if I could find out where
to send it.
>
> Charlie Paradise





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