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nafex - [NAFEX] "non-patenting" saga continued

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  • From: "tanis cuff" <tanistanis@hotmail.com>
  • To: nafex@lists.ibiblio.org
  • Subject: [NAFEX] "non-patenting" saga continued
  • Date: Sat, 25 Nov 2006 20:02:29 +0000

I think the previous chats on this topic have answered the question of how to keep a nice chance-seedling apple (or other plant) in the public domain. "Make it as public as possible."

The more important question is HOW to do this, and do it widely & quickly enough to foil an unscrupulous grower who might try to claim it and patent it. Research plus NAFEXrs' & others' suggestions helped me compile these:

1) I should ask managers/ curators of public collections to accept and register at least a detailed description of the apple fruit & tree, including whatever documentation can be gathered from a DNA test, or-- ideally-- if they can accept scionwood or a grafted whip for adding to their live collection;

2) I should ask [but, WHO DO I ASK?] if the NAFEXlist and the 'Pomona' can publish the detailed description of apple fruit & tree;

3) I should offer scions or grafts to NAFEXrs who are willing to sign a "promise to share" (opposite of a "non-propagation agreeement"), and are willing to send me the name & address of all who they share scions with;

4) apply for a patent but make clear it has been publicized & distributed so much that it won't qualify, but this way it will still be shown to exist and not be patentable by anyone else. [Can anyone confirm that when a plant patent is denied, the application stays on file?]

Each of this has own advantages and disadvantages, but I worry most about #2. I don't want to cause the list or the magazine to suddenly be asked to find the editors & time & money to be the registry for all the nice chance-seedling which we all have found!

Thanks again to all who offered ideas. And please/thanks for any more ideas!

Tanis Cuff, south-central WI, where we got a stretch of beautiful weather after I rushed around madly preparing for winter!

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