Plant breeders' rights

I never see a plant patent on any maples so am I over looking it, or, are they not being patented?

What are the rights of a plant breeder ? >>> http://en.wikipedia.org/wiki/Plant_breeders'_rights

 

I think you can only sell a patented tree if you have a license to do so. Seedlings from a known tree will not come true and must be stated that way. Also, the licensing person, checks your plants and you have to be sure that you have proof that you can legally sell these plants by proving it is from an authorized dealer and/or the patente has run out and you have to have proof that as before that the plant is what you the tag says it is.

I have a sport of a certain plant and I've been in contact with a Patent Attorney, who will after I pay his fee, search the patent office for this plant, hire a geneticist to test my plant to be sure it isn't on the market or has already been patented.

And some other task he needs to do. So he protects what I have until all things have been determined and if not, I get my money back minus some fees. I have more testing to do, and not sure where to go from here, but that is what the Patent Attorney is for.

It is just a matter of how much I want to introduce this plant, not knowing if I would be compensated for my efforts or expecting to get rich on the sport, but just wanting credit for it and naming it.
The attorney suggested I get a book on how to test a new sport, since I guess there are many out there, because I'm not sure of all I need to do to to have an answer to the list that is given before my Attorney turns it into the patenting office.

I'm sure I'm as clear as mud, but you might have learned something new. ;-)

 

This has already been discussed in a little detail (with myself contributing) but unfortunately (like Richard) I am getting too old to remember where :)
No doubt someone can refer us all to those earlier comments (and my own wisdom on the subject :))

 

When I buy a perennial many have PP# all over it, and I have never seen one on a maple. If you watch a DVD you see veritable patents all over the screen and warnings of life in prison, and executions it a copy is made . Some breeders of perennials don't want to divulge any information about how they came across their crosses and they don't want a patent because the enthusiast would not buy a patented plant.

There are several different types of patents that can be applied that are less restrictive.

So if I don't see a big red flag with PP# I assume it is not patented, I am not paying to find out that is for sure.

 

Here is a link to a page that list all the plant patents.

http://www.patentgenius.com/class/PLT.html

Maple page- http://www.patentgenius.com/class/PLT/224.html


Nervous

 

Well thinks that clears that up, there aren't any notable maples that carry a patent.

 

Depends on what you consider notable, page linked to above has 41 kinds. You can tell just by the titles used for links on above pages that they combed the USPTO web site for plant patents. As long as they found all of them that is useful.

 

Well of all the cultivars if it was 80 that would be only a very small fracton of the trees. I wish I could live in Edmonds, well maybe not that is very close to the coast right? Na I wish I lived in Edmonds too, how about a trade you can have may family as a kicker, my daughter want a Infinity convertible, thats a toyota I think, right, she yest will not shut up about it.

 

Dam you have how many post, you need a blog man.

 

It does seem people going after plant patents DO tend to be from big nurseries interested in getting rights to mass-produced mall trees like red and Freeman maples.

Heard on TV Consumer Reports has recently knocked Toyota down to third place, due to recent bad designs. Maybe you can use this to hold her off for awhile.

A blog? Maybe 1000+ posts means I need a life! (I've got 2 computers here, I take breaks from research using one by visiting sites like this one on the other).

 

hi Richard in news letter of Maple Society winter 2006 there is one article by Peter Gregory about I.C.R.A. Internatonal Cultivar Registration Autority for maples supported by Maple Society ;in this article is avaible this address :The Registrar maple ICRA Westonbirt Arboretum TETBURY Glos.Gl8 8QS, England .ciao alex

 

I had the booklet in my hand as I clicked in, yea on page 6 interesting. So has it rained yet?

 

in this moment in Rome we have 15°,-10° degree for this season ,speed wind,no rained, but for tomorrow is possible.... Ciao grande!!

 

Scaturisca vostro sono, più successivamente per vederlo!