Viewing post #965512 by shadytrake

drdawg said:I have no thoughts about doing anything with this plant, other than growing it for my enjoyment. I might try to contact Fred (I assume he is still living?) and see if he has any records going back to the 1970's.

This just came to mind. Since this plant was obtained in the 70's, and the patent was not until 1982, would my division still be a patented plant? How about it, lawyer friends?

Patent still applies because if you read the full information it explains the breeding original registration and such dating back to the 60s so the timeline is established.

For some reason I thought that Fred had passed away. Maybe I am wrong about that. If you can get an oral confirmation from him about the division, that would be satisfactory to me personally for my collection (growing for self-enjoyment).

Question for the lawyers: Does the friend have the right to sell it to Ken? I assume that the patent only covers breeding and divisions? If one wants to sell their plant, I assume that is okay? But maybe not.