Patents exist for financial protection. Period.

There is nothing to stop you from propagating a patented plant, just as
there is nothing to stop you from duplicating a patented piece of equipment,
chemical, etc.

There IS, however, the law to stop you from distributing same. Doing so -
through sales, trades, or simple giveaways - has a financial impact on the
patent holder, so is a no-no.

Patent or not, once you own something, you may do with it what you will,
such as cloning the patented plant. Of course, one might wonder what you're
going to do with those thousands of duplicates, as they basically must
remain yours.
--

Ray Barkalow - First Rays Orchids - www.firstrays.com
Plants, Supplies, Books, Artwork, and Lots of Free Info!

.. . . . . . . . . . .
"Gene Schurg" wrote in message
rthlink.net...
Recently I've seen a couple of phals with "vegetative propagation
prohibited" printed on the name tag. I know that some major corporations
are filing for plant patents. I hear about this more when they have
"Genetically altered Corn" or other major cash crops.

I'd like to have a discussion here about plant patents and orchids.

Is it fair that I spend my time and selective breeding to create a navy
blue
phalanopsis and get all kinds of awards on it only to sell a clone of it
and
have someone else make a thousand copies?

If I pay my good money for a plant don't I have some rights to make copies
of it? What if it sends out a keiki on its own? Do I have to destroy
that
keiki? Would I go to jail if I sell that keiki?

I'm sure there are some opinions on this topic out there in Orchid Land.

Good Growing,
Gene