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Re: [nafex] Patent Rights/Royalties- 3 questions

Dr. Cummins and everybody else,

Jim wrote:
In any case, in the licenses being granted on many recently patented
varieties, a clause is included to the effect that seedlings and sports do
belong to the patent holder.

My question:
Does this only apply to the F1 seedlings, and later generations are exempt?
If I use these patented cultivars early in a breeding program (my latest
get-rich-quick scheme <g>) crossed later with unpatented stuff, am I safe?
Jim also wrote:
... in Australia by Henry Franklin of Queenland. Henry bred Adina and,
later, Goldina apples.  He produced and delivered trees to about 30
growers, who really made a killing;  Henry was paid, I believe, 30&cent; a
bushel rent -- so Henry did well too.  One outsider lifted some scionwood,
made a block of trees.  Henry had him arrested ...

My next question:
I recently "discovered" Adina in Fruit, Berry & Nut Inventory, and it seems
Stark Bros. used to sell it. Did Stark Bros. get properly bankrupted and
hung for stealing this apple, or was it bought from Franklin? I liked the
description, "firm, very juicy, creamy white flesh, sweet with a
distinctive hint of cinnamon." Sounds like still another "gotta have it"
for all us collectors. Is there some scionwood available out there somewhere?

Related question:
How about the availability of those unnamed varieties from the university
experiment stations? I know Fackler sells some PRI stuff & Jim has a few
Geneva varieties, but all the others we hear about occasionally, that
weren't "good enough" to be released and named? This is NAFEX, we need
apples the general public doesn't want.

Dale Burkholder
Shenandoah Valley, VA
Zone 6
Just because I have a short attention span doesn't mean I

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