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Re: [AZ] light series

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  • michael.campbell3@comcast.net
    ......protects the inventor s right to exclude others from asexually reproducing, selling, or using the plant so reproduced. Asexual reproduction is a form
    Message 1 of 43 , Apr 5, 2008
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      ......protects the inventor's right to exclude others from asexually reproducing, selling, or using the plant so reproduced. "

      Asexual reproduction is a form of reproduction which does not involve meiosis, ploidy reduction, or fertilization. The patent office is referring to the sale or use of plants derived from micropropagation, or any type of cutting. 95+ of the genetic material in any azalea is common to most azaleas so thinking one can patent genetic material which exists in nature is pure folly.

      You can use a patented plant as a pollen donor or you can cross or self pollenate a patented plant.
      -------------- Original message ----------------------
      From: "Bruce Clyburn" <bclyburn@...>
      > Thanks Bill:
      >
      > That clearly puts that to rest.
      >
      > Bruce
      >
      > ----- Original Message -----
      > From: William C. Miller III
      > To: azaleas@yahoogroups.com
      > Sent: Saturday, April 05, 2008 1:11 PM
      > Subject: Re: [AZ] light series
      >
      >
      >
      > Hi Bruce,
      >
      > The quote below is drawn from the patent office Web site. Using a patented
      > plant as a parent would seem to be a violation of the patent.
      > ".......protects the inventor's right to exclude others from asexually
      > reproducing, selling, or using the plant so reproduced. "
      >
      > William C. Miller III
      > Bethesda, Maryland
      > www.theazaleaworks.com
      >
      > Bruce Clyburn wrote:
      >
      >
      >
      > Larry:
      >
      > Do you have any sense of how the patent laws view hybrids with such plants.
      > The Northern Lights series is not a good example because most are sterile, but
      > if a plant is patented can you cross with a second plant and distribute the
      > offspring without a license?
      >
      > Bruce Clyburn
      > New Waterford, N.S.
      > Canada
      >
      >
      > ----- Original Message -----
      > From: Larry Wallace
      > To: azaleas@yahoogroups.com
      > Sent: Saturday, April 05, 2008 11:25 AM
      > Subject: Re: [AZ] light series
      >
      >
      >
      > The first column are the release dates of the Northern lights series. The
      > Plant Patent may be slightly earlier and runs for 25 years. You may propagate
      > and sell 'Northern Lights' and probably the next three.
      > The four in which you are interested would require a license.
      >
      >
      > Deciduous azaleas
      > 1978 'Northern Lights' .2003
      > 1984 'White Lights' .2009
      > 1984 'Rosy Lights' .2009
      > 1984 'Pink Lights' .2009
      > 1986 'Orchid Lights' .2011
      > 1986 'Golden Lights' .2011
      > 1987 'Spicy Lights' .2012
      > 1992 'Mandarin Lights' .2017
      > 1994 'Northern Hi-Lights' .2019
      > 1996 'Lemon Lights' .2021
      > 2001 'Tri Lights' .2026
      > 2002 'Lilac Lights' .2027
      > 2002 'Candy Lights'
      >
      >
      > Larry Wallace
      > Cincinnati
      >
      >
    • Larry Wallace
      The cultivar name of Autumn Embers ™ is R. Conleb . The preceding one was Conlea . The following was Conlec . As to R. MNIJ92 , I do not even know
      Message 43 of 43 , Apr 10, 2008
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        The cultivar name of Autumn Embers ™  is R. 'Conleb'.  The preceding one was 'Conlea'.  The following was 'Conlec'. 
        As to R. 'MNIJ92', I do not even know if they were thinking.

        --
        Larry Wallace
        Cincinnati
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