North American Fruit Explorers mailing list at ibiblio

["Jim Fruth" <jfruth@uslink.net>]

Tanis,
   Check out this URL: 
http://www.uspto.gov/web/offices/pac/plant/index.html .  Go to 'Provisions 
and Limitations' and notice that it says :
"Whoever invents or discovers and asexually reproduces any distinct and new 
variety of plant, including cultivated sports, mutants, hybrids, and newly 
found seedlings, other than a tuber propagated plant or a plant found in an 
uncultivated state, may obtain a patent therefore, subject to the conditions 
and requirements of title. (Amended September 3, 1954, 68 Stat. 1190)."

   What could be more clear?  As for the word, "uncultivated," the word is 
subject to interpretation.   If, perhaps, a bird dropped a seed in your 
garden, you would find it in a 'cultivated state', wouldn't you?  If you 
brought several plants into your garden and found one to be superior, that 
would also qualify.  As for your plant that you already discovered in an 
uncultivated state(?)(you realize that it is only your say-so because no one 
else knows) and if you don't want to interpret, you could plant seeds from 
your (discovered) plant and if one bred true to type, you'd have what you 
seek.

Jim Fruth
Brambleberry Farm
Pequot Lakes, MN  56472
www.bberryfarm.com
(218)568-8483 [Store]

We do gift baskets.  We take credit cards over the phone and ship all over 
the world.  The furtherest we have shipped, so far, has been to South 
Africa.


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 NAFEXer's & 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 agreement"), 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!