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So you want to be An expert but you only have 10 Minutes …. There are growing opportunities available in plant patents!. Background, Neem tree = perhaps the most famous legal plant–mentioned in 134 law review articles & 33 US cases!!. 10 Minutes? A brainless LEXIS search reveals….
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There are growing opportunities available in plant patents!
Background, Neem tree = perhaps the most famous legal plant–mentioned in 134 law review articles & 33 US cases!!
# of Decisions Since 2002
Novelty, section 102 = 563
Plant Patents, section 161 = 2
Does talking about plants stress you out? … Background Picture is of St. John’s Wort: SJW is native to Europe but is widely cultivated elsewhere. St. John's wort flowers at the time of the summer solstice, and in medieval Europe it was considered to have powerful magical properties that enabled it to repel evil. The most well-known action of St. John's wort is in repairing nerve damage!
Plants were then just considered unpatentable “products of nature” – SeeDiamond v. Chakrabarty, 447 U.S. 303, 311 (1980)
Then, Congress in 1930 says…
the genius of young agriculturists of America will be enlisted in a profitable work of invention and discovery of new plants that will revolutionize agriculture as inventions in steam, electricity, and chemistry have revolutionized those fields and advanced our civilization - Committee on Patents supporting enactment of Plant Patent Act1. The Plight of Plants
Voodoo lily, Amorphophallus titanum: “most striking plants you're likely to encounter, with a huge, phallic bloom that looks like a mutant, protuberant calla lily[,] and smells like rotting meat” – www.homestore.com
You read this glowing description and you want to see one? Gossip is that UM has a Amorphophallus titanum located on North Campus
A little embarrassing but once I actually dressed up as a tuber-propagated plant. Here is Saaj & Alicia as Mr. & Mrs. Potato Head, Halloween 2001 (M. Pearson may remember)
Note to me:many discussed leg. history in comments. What can we make of the changes to 162 (altering 112) but no changes to 102. Did they forget? Or, something else?
As you know: 112 says you can’t get a patent unless you describe an invention so well that so that people who know what they’re doing can read your patent and then make and use your invention.
Problem: Until we figure out how to build things from DNA sequences, there probably will not be a way to “make” a plant from a written description.
The solution: Change 112 via 162 so for plants, description = as complete as reasonably possible
As you know: 102 says that you can’t get a patent on something if someone has written something that describes your invention so well that others can make and use your invention just by reading that other work. You also can’t get a patent if you sold your invention in the US a year before you tried to patent it.
Problem: Plant inventors are gaming the system by writing all they want about their inventions and selling them abroad and still patenting them in the US. This is because the written stuff never fully describes the plants and the foreign sales don’t count. But, doesn’t it seem like they shouldn’t get patents?
The Solution: Topic for today…1. Plant Patenting Problems
An explanation for my Grandma & advanced Patents (take no offense, she’s a bright lady)
What do we think of Biopiracy? Is this a problem?
Esdenga & Cleary think biopiracy may be no big deal
Article 8, para 1 states:
“The prior art with respect to a claimed invention shall consist of all information which has been made available to the public anywhere in the world in any form [as prescribed in the Regulations,] before the priority date of the claimed invention.”
But remember the first-to-file system would also be implemented.
Is this a good system?
You think that LeGrice loved plants, check out the town of Taber, Alberta CA that built this corn stalk statue.
Taberits explain: “The Stalk is symbolic of Taber's agricultural proficiency and represents the quality, taste and success of Taber Corn throughout Western Canada”
Are geraniums an international commodity?
YES! (See right: Handbook CD of the International Geranium Society)
Answer: Probably not!Elsner never mentioned that they did. In re Argoudelis did not
allow microorganisms to fall under the
less strict enablement requirements
Does this add something to the mix.. For Ming?
“Old man tree”: Many of the trees in Beijing's forbidden city are so old they cannot support their own weight and they need to use these big green crutches. Could these trees have a US patent under this statute?
Cohen says offensive when harmonization talks in process
Did you really think I could make all of this without some pictures of the farm? Not if you know me well…see here for pics from Peck