North American Fruit Explorers mailing list at ibiblio

["Mike Levine" <mlevine@umich.edu>]

I have some questions about moral and legal patent issues also.  If a gene 
is inserted into a plant and patented, but the plant is one that can easily 
spread across property lines or can spread it's pollen across property 
lines, is the progeny of that plant protected by patent law?

If I genetically modify and patent a strawberry and it spreads to your 
property, are you violating my patent rights?  What if you plant seed from 
that strawberry on your property and it contains my patented gene, are you 
violating my rights?  What if an animal vector plants it?

What if my plant becomes a serious nuisance weed on your farm, resulting in 
lower crop yields and increased labor or other costs?  Can you sue me?

What about if my genetic experiment crosses with seed you've been saving for 
your breeding project and now you can't use the stock from your breeding 
project because I own a patent on a gene that contaminated your stock?

What about if my genetic experiment crosses with seed you use on your 
organic farm without your permission?  Can you still sell the produce as 
organic?  Can you sue me?


Mike Levine
Ann Arbor, MI zone 5b