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  • From: "Harrick, Barbara (N-Kelly Services)" <barbara.harrick@lmco.com>
  • To: nafex@lists.ibiblio.org
  • Subject: [NAFEX] Plant patents
  • Date: Mon, 14 Aug 2006 06:37:53 -0600

http://www.uspto.gov/main/patents.htm
general patents

http://www.uspto.gov/web/offices/pac/plant/index.html
Plant patents

The second website should answer most questions--you can always email
your list to one of the staff there--they are very helpful if you can
determine your answers through the website.

Barbara


Barbara Harrick
Publications Technical Editor
International Launch Services
1660 International Drive, Suite 700
McLean, VA 22102 USA
Phone - 571-633-7494
Fax - 571-633-7541

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----------------------------------------------------------------------

Message: 1
Date: Sat, 12 Aug 2006 16:30:00 +0000
From: "tanis cuff" <tanistanis@hotmail.com>
Subject: [NAFEX] patenting questions
To: nafex@lists.ibiblio.org
Message-ID: <BAY105-F2528CB38E679F5CEAC2634CF480@phx.gbl>
Content-Type: text/plain; format=flowed

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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