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!