Message from another list:
I'm glad to announce that the Plant Patent for Flavor King Pluot has actually expired this year 2008. This is based on my interpretation of the following patent related articles:
http://www.patentlens.net/dais...../1234.html
http://www.nal.usda.gov/pgdic/.....plant.html
It turns out that there was a revision to Plant Patent Laws. Today, the Plant Patent laws grant the patentees 20 year period for the patent. But for those plant patents that was filed before June 8, 1995, the plant patents lasts only 17 years!!!
IIRC, Flavor King Pluot filing date was on 06/10/1991, and was before the June 8, 1995 patent law revision. So in effect, the patent on Flavor King Pluot expired on 06/10/2008, which was this year. So feel free to bring scionwoods of Flavor King Pluot.
Fortunately, Dapple's Dandy filing date was on 11/28/1994 and is set to expire on 11/28/2011. Emerald Beaut's Plant patent was filed on 11/4/1994 and is set to expire on 11/4/2011. That's barely 2 years more! If anybody can dig more about plants patented filed before 1/10/1992, you can freely bring those to the scionwood exchange this 1/10/2009! Flavor King is safely off the patent hook.
Now aside from plant patents, there is what you call Plant Variety protection, if you read the links. This Plant Variety Protection law is an alternative to Plant Patent and lasts for 18 years. New Varieties are covered under the Plant Variety Protection Act. And those patented after June 8, 1995, have plant patent protection of 20 years.
Please spread the article to other folks.
If you are at a Scion Exchange and a third party brings such a cutting, who is to be held liable and who would get the fine/court summons etc?
How could a volunteer group be expected to 'monitor every twig brought to a scion exchange, considering that many folks don't carefully label and identify what they have in the first place?
If a guest does bring something in, who is going to really know about it?
While I would respect a patent, I could hardly keep all these things at the tip of my memory.
It wouldn't be that hard to go to the patent website and collect a list of the main fruits still in patent. Print copies of the list and either post them at the exchange or give them to the people who check in the scions for the event. If someone brings a patented variety, politely refuse it and explain why.
I did spend a while on the Internet and cannot find any user friendly site to identify every patented fruit variety. Again, who is liable ?
If there was such a handy list, I would gladly post the thing at my exchange.
Welcome any leads/links that offer such data.
I do know a few of the patented grape, but that is about it.
Though eventually grafting in another room… I recently asked what a couple of our volunteers were doing as they removed bunches of scions prior to the opening of our Spring Scion Exchange.
“We’re removing patented wood†one told me. I nodded, impressed they were on top of it… while depressed anything had to be dumped… It appeared our policy was to take and label everything brought in, then make a sweep (with list in hand) removing anything we couldn’t legally distribute before the doors opened.
I’ve often wondered what the penalties were/are for the farmer who’d handed a few ‘water suckers’ to a young grafter with the comment, “I know you’re not going to start an orchard with these.†Or, for the ‘young grafter’ who made himself a tree or two..? ‘Home use’ seems small potatoes in comparison to commercial production and distribution. Do you think anyone would make an effort to follow up on such petty distribution..?
I also remember a ‘movement’ that discouraged buying patented fruit trees … and I’d actually felt guilty ‘introducing’ several patented trees on some early orchard tours of my place. They were legal (I’ve still got the receipts), but many of our members thought it diabolical to lock-up the production rights on food. I’ve just kept quiet…
Here's a site with some of the recent lists of new varieties.
http://hortsci.ashspublications.org/cur ... M_RELEASES
Generally, look for Register of New Fruit and Nut Varieties in your searches. The American Society of Horticultural Science seems to be the main place the new lists are published.
Plant Patents
It would seem that it would be reasonable that plant patents would be easy to find, to protect the patent holder. BUT... not so easy. In controlled crosses one in 10,000 seeds may produce an apple and tree with "desired qualities" patents are well earned . The sports are another question?
I search and use the following for apple patents.
Apple Patents
USPP difficult of find and keep track of. Canada much easier. EU – good luck.
I also subscribe to fresh patents.
USPP Office
http://patft1.uspto.gov/netacgi/nph-Par ... e+AND+tree
Fresh Patents
http://www.freshpatents.com/
Patents listed here before listed in USPP Office - go figure.
Also use Google Alters -
Seems that a lot of the Starke's products are patented. It is a chance to get to see at least the ones they claim propagation rights to.
http://www.starkbros.com/access?action= ... llection=0
There's an important additional change to the modification in plant patent duration that you missed: Previously it was 17 years from date of ISSUANCE. Now it's 20 years from earliest FILING date. In practice, this means there's little practical effect, because the processing of a patent runs about 1.5 to 3 years. So you're picking up about a year and a half or so, assuming no hiccups.
(In my experience in filing plant patents, best case scenario is about 1.5 years, and that assumes no major problems. I don't think practically speaking its ever going to be less than a year.)
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