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  • From: "tanis cuff" <tanistanis@hotmail.com>
  • To: nafex@lists.ibiblio.org
  • Subject: [NAFEX] patenting questions
  • Date: Sat, 12 Aug 2006 16:30:00 +0000

After seeking info til I feel like I'm going in circles, I don't find clear answers to the following. Can anyone suggest good info sources, or offer case histories? Please/thanks.


1-- Can "chance seedlings" be patented only if they grew in deliberately planted nursery row, from seeds intended as starts for nursery stock?

2-- Chance seedlings found growing wild can NOT be patented?

3-- How would one prove that the chance seedling was wild or nursery-germinated?

4-- If one wishes to patent a chance seedling, but scions have been given to other amateur fruit-growers (perhaps a dozen growers) for 10 or 20 years, can the "back tracking" be done to get non-distribution agreements from these growers? [I don't mean 'can' as in PRACTICAL, but 'can' as in LEGAL.]

5-- If #4 can't be legally binding, &/or if #2 is true, how does one proceed to make this chance seedling as public as possible so that no one can patent it, so the fruit can be kept in the public domain?






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