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  • From: list@ginda.us
  • To: North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] patenting questions
  • Date: Sat, 12 Aug 2006 14:14:33 -0400


On Aug 12, 2006, at 12:30 PM, tanis cuff wrote:

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?

I don't have a source, and I'm not a lawyer, but I'd be shocked to learn chance/found seedlings can not be patented. The patent holder did the work of finding it, evaluating it, and propagating it. Several well known cultivars were found (probably in nurseries, and not in "the wild", but not intentionally bred or planted) including Rome, Red Delicious, and Golden Delicious. I know that Red and Golden Delicious were patented for a while.

Ginda




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