patented or trademarked orchids.

[lambelkip]

Originally Posted by pinkham

So here's another angle..
What happens if someone patented a certain orchid hybrid...lets say for this thread that the future seed pod parent is "alice" and the father is "fred"....
What if alice and fred were very common orchids and the seeds they produces were germinated and patented after growing...
What if I had those two same orchids( because they are common) and went through the whole process with my own seed pod. is that infringement?

as I said already, the plant patent only protects a specific clone, not the entire grex. The breeder would have to patent each seedling individually in order to protect them all, and even then it does not apply to seedlings produced by another breeder.

[orchidsarefun]

Originally Posted by lambelkip

as I said already, the plant patent only protects a specific clone, not the entire grex. The breeder would have to patent each seedling individually in order to protect them all, and even then it does not apply to seedlings produced by another breeder.

Kip -thanks for your input....and patience !
If I crossed Equestris A with Equestris B and had a seedling Equestris C which I then patented, what would happen
1) if someone used Equestris C as a hybrid and produced seed ? I am thinking that I would not be covered unless C has a specific "invention" characteristic that I mentioned in the patent registration ?
2) if someone cloned C ? I think that this would be patent infringement.

[lambelkip]

Originally Posted by orchidsarefun

Kip -thanks for your input....and patience !
If I crossed Equestris A with Equestris B and had a seedling Equestris C which I then patented, what would happen
1) if someone used Equestris C as a hybrid and produced seed ? I am thinking that I would not be covered unless C has a specific "invention" characteristic that I mentioned in the patent registration ?

you are right, it would not be covered. The "invention" characteristic would require a different type of patent (a utility patent) in order to be covered. The process and requirements for getting a utility patent are different. You would have to show that it is a new invention, by introducing a new characteristic that has never been seen in that type of orchid before.

Originally Posted by orchidsarefun

2) if someone cloned C ? I think that this would be patent infringement.

yes, that would be patent infringement.