Patents and trademarks

Fierycloud via pbs
Thu, 21 Jun 2018 22:07:53 PDT
Hello: I'm also wonder that if the seeds from a plant which have a Patent were limited, especially while the important patented characteristics might still existed in the seeds or polyploids or other mutations ? ( Seeds should be a part of the patented plants. ) 
" General Information About 35 U.S.C. 161 Plant Patents…

Provisions and LimitationsThat the plant be shown to differ from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc.; and
Rights Conveyed by a Plant Patent
Grant of a plant patent precludes others from asexually reproducing, selling, offering for sale, or using the patented plant or any of its parts in the United States or importing them into the United States. A plant patent is regarded as limited to one plant, or genome. A plant derived from a sport or a mutant is unlikely of the same genotype as the original plant, and thus would not be covered by the plant patent to the original plant. Such plant derived from a sport or such mutant may itself be protected under a separate plant patent, subject to meeting the requirements of patentability. A plant patent expires 20 years from the filing date of the patent application. As with utility patents, when the plant patent expires, the subject matter of the patent is in the public domain. 
Arrangement of the Specification(k) Abstract of the Disclosure. The abstract is a brief description of the plant and of the most notable or novel and important characteristics of the claimed plant. Preferably, the description of the plant will be a condensed review or presentation of the most distinguishing characteristics of the plant. "
While search "plant", there are dozens of plants. No bulbs?…

There are many trademarks of "plants". ( If the seeds redistributed without names were guilty? )…

And some kinds of bulbs are in the Plant Variety Protection. But most are food crops.…

(Besides several different Federal regulations, there might be other regulations in each state.)

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