North American Fruit Explorers mailing list at ibiblio

["tanis cuff" <tanistanis@hotmail.com>]

Hmm.  When I did my re-reads, all I could find was that paragraph about wild 
seedlings NOT being patentable (wild seedlings found in the U.S. that is; 
wild seedlings from outside the U.S. OK for patenting!).  Does anyone know 
which reg is more current?



----Original Message Follows----
From: "Jim Fruth" <>
To: "NAFEX" <>
CC: tanistanis@hotmail.com
Subject: [NAFEX] Plant Patent
Date: Tue, 28 Nov 2006 08:46:58 -0600

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.

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