Re: red vft and patent protection
WELCH@NIEHS.NIH.GOV
Wed, 20 Apr 1994 14:52:26 -0500 (EST)
This patenting based on plant characteristics rather than
cultivars/clones *is* disturbing *if* true. However, if the
plant is already in the public domain, and it sounds like it
is, then it is most likely safe. Patenting is probably not
possible as long as the Australian authorities know this person/nursery
is not the sole owner of such a plant or that this characteristic
is not genetically stable. It might be worth dropping a line
to confirm that you are growing such a clone and put an end to
this. Sorry to be so distrusting, but I just got burned by
a legal "its not in writing" manuver. Oh, but next time.... :-).
Jeff in NC
(Headline "The Carolinas sued for growing patented plant" ;-) )