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Author Topic: Steps to securing fruit Patent  (Read 6531 times)

KarenRei

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Re: Steps to securing fruit Patent
« Reply #25 on: March 21, 2015, 04:11:50 AM »
The vast majority of fruit cultivars out there are not patented, the names we use are simply the names that the first person to start selling them used, generally registered with an ICRA.

Then the question is, how do we go about labeling it as an heirloom variety and fixing it as such?

See, I have no desire to patent it for profit.  I just assumed that is the only way to make a name for it.  If I can create a name/variety for it as heirloom or other, then that is precisely what we are wanting to accomplish.  Although, US patent law does clearly state that creation of a new species can be the result of growing from a seed, but you must propagate the plant successfully at least once.


Interpretations of "make a name for it":

1) You want to set the name.
2) You want it to become popular.

#1: Register it with a ICRA. http://www.ishs.org/sci/icraname.htm

#2: If you really want to get your plant out there with that name, check out some companies that do lots of selling of heirloom plants and see if you can get them interested in yours. I imagine that it'd go along the lines of you sending them information and pictures, and if they find it appealing, you'd probably need to send them a plant so that they can try it out themselves in cultivation. If it lends itself to mass cultivation and has desirable properties, then it can be sold. Any heirloom distributor worth their salt will sell it under the name for the plant given to it by the source; most heirloom distributors take pride in associating a "history" to the cultivar in their description of it; it becomes part of the marketing. "This tomato plant was cultivated by Bob and Mary Smith of Middle-Of-Nowhere Nebraska, who noticed that it grew twice as fast as all of their neighbors tomatoes and had a most exquisite flavour..."
Jß, Úg er a­ rŠkta su­rŠnar pl÷ntur ß ═slandi. Nei, Úg er ekki klikku­. JŠja, kannski...

starling1

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Re: Steps to securing fruit Patent
« Reply #26 on: March 21, 2015, 08:19:29 PM »
Then the question is, how do we go about labeling it as an heirloom variety and fixing it as such?

See, I have no desire to patent it for profit. I just assumed that is the only way to make a name for it.  If I can create a name/variety for it as heirloom or other, then that is precisely what we are wanting to accomplish.  Although, US patent law does clearly state that creation of a new species can be the result of growing from a seed, but you must propagate the plant successfully at least once.

Why not?

If you can, do.

Viking Guy

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Re: Steps to securing fruit Patent
« Reply #27 on: March 22, 2015, 02:22:15 AM »
Then the question is, how do we go about labeling it as an heirloom variety and fixing it as such?

See, I have no desire to patent it for profit. I just assumed that is the only way to make a name for it.  If I can create a name/variety for it as heirloom or other, then that is precisely what we are wanting to accomplish.  Although, US patent law does clearly state that creation of a new species can be the result of growing from a seed, but you must propagate the plant successfully at least once.

Why not?

If you can, do.

Well, I can't really argue with that, Lol.
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fruitlovers

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Re: Steps to securing fruit Patent
« Reply #28 on: March 22, 2015, 06:48:55 AM »
Before you patent, determine the market capacity, return and distribution.

The market capacity is the amount of money to be made. How many people will buy it and how desirable it will be. How much will a customer be willing to pay for a select variety over other varieties.

Return is how many would have to be sold to pay for the patent cost and then be profitable.

Distribution would either be yourself or marketed by a popular distributing nursery. This would lead to market capacity and return.

I have heard from many people that patented varieties that they never made money. Fortune and glory is often desirable, but maybe its better to find satisfaction in glory (and just give it a name and find pride in its popularization).

The creator of the Hass Avocado, didnt turn a nice profit until after a he died I think, decades later.

How can you turn a nice profit after you die?  :o I think after you die all you can do is turn in your grave. ;)
Oscar

ClayMango

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Re: Steps to securing fruit Patent
« Reply #29 on: March 23, 2015, 12:25:39 AM »
Before you patent, determine the market capacity, return and distribution.

The market capacity is the amount of money to be made. How many people will buy it and how desirable it will be. How much will a customer be willing to pay for a select variety over other varieties.

Return is how many would have to be sold to pay for the patent cost and then be profitable.

Distribution would either be yourself or marketed by a popular distributing nursery. This would lead to market capacity and return.

I have heard from many people that patented varieties that they never made money. Fortune and glory is often desirable, but maybe its better to find satisfaction in glory (and just give it a name and find pride in its popularization).

The creator of the Hass Avocado, didnt turn a nice profit until after a he died I think, decades later.

How can you turn a nice profit after you die?  :o I think after you die all you can do is turn in your grave. ;)

lol  Didn't Elvis and the Micheal Jackson Gross more after they died as well?
Thinking about joining a Fruitaholics anonymous support group...Fruit addiction has taken over my life!

bsbullie

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Re: Steps to securing fruit Patent
« Reply #30 on: March 23, 2015, 02:14:16 AM »
In their namesake maybe but they had no direct benefit from their profit.  I do not believe it had any effect on their, well how do you say it, being dead...
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Ansarac

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Re: Steps to securing fruit Patent
« Reply #31 on: May 17, 2015, 02:04:08 PM »
One of the philosophical justifications for patenting, is that someone else could claim sole, legal rights to your handiwork, or else profit from it.

It doesn't mean that you can't share with others, for their own private use.

In one 'California's Gold' show (I believe) poinsettia growers patent different varieties. Either the patent office or the farm foresees it being a long day, so the paper pusher is kindly given a seat and a table.   

This being said, she fills out one form after another, on the spot (as I recall.)

There is obviously some responsibility on the part of the grower, but it can't be altogether impossible, either, imho.

This is something I should learn about.

 

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