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  • From: road's end farm <organic101@linkny.com>
  • To: North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] patenting questions
  • Date: Sat, 12 Aug 2006 20:22:48 -0400

I think patent law is currently so up in the air that even a lawyer may have trouble determining if there's anything in the universe that can't be patented, according to the current courts; which have in the last few years been allowing the patenting of all sorts of things that would have once been considered unpatentable; including I believe human genes that have been in existence for millenia if not longer.

If there's a good way to accomplish #5, I'd like to know what it is.


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?

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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--Rivka
Finger Lakes NY; zone 5 mostly




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