North American Fruit Explorers mailing list at ibiblio

["Mark or Helen Angermayer" <hangermayer@isp.com>]

Hi Tanis,

The question about someone patenting your chance seedling has me wondering
what is to keep someone from doing the same thing to some lesser known rare
variety?  In other words, there seem to be lots of old fruit varieties that
people can't find anymore (stuff they remember their grandfather growing,
but is no longer found).  There would have been no genetic testing, and if a
written description was extant, would that be enough to prevent someone from
patenting what they claimed or thought was a new chance seedling?  I've
heard it said many of the new patented cultivars are "more or less" recycled
old cultivars.  It sounds pretty cynical I know, but I wonder if there is a
bit of truth to it?

Mark Angermayer
Zone 5 Kansas


----- Original Message ----- 
From: "tanis cuff"
To: <nafex@lists.ibiblio.org>
Sent: Saturday, November 25, 2006 2:02 PM
Subject: [NAFEX] "non-patenting" saga continued


> 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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