When people think about plant patents, they're usually thinking of the Monsanto suits.
Most people might, but those posting patent questions to a gardening forum are a special breed. The patent question comes up often for those interested in propagating fruit trees. Groups that exchange varieties of plants and desire to obey the law often have complicated self-policing policies. For example, here are guidelines for a local chapter of the California Rare Fruit Growers association: http://www.crfg-redwood.org/patented-fruits-list-2013.pdf
I'm just saying, the likelihood of accidentally become a lawsuit target appears like it might be overblown in some ways.
Perhaps, but for many the question of risk is distinct from the question of legality. The questioner wasn't asking whether he was likely to be caught, but how to determine ahead of time if one is behaving legally. It's not clear if this is even possible. Does intent matter? One of the major breeders of new fruit varieties in the US asserts that it does not:
"Asexual propagation of patented plants (including any of its parts such as leaves, buds, cuttings, seed, fruit or pollen) is strictly prohibited without the written authorization of the patent holder or the patent holder’s agent. Possession of improperly propagated trees of patented varieties (such as the receipt of trees, budwood or graftwood from unauthorized sources) constitutes infringement, even if an illegal propagation was inadvertent."
Most people might, but those posting patent questions to a gardening forum are a special breed. The patent question comes up often for those interested in propagating fruit trees. Groups that exchange varieties of plants and desire to obey the law often have complicated self-policing policies. For example, here are guidelines for a local chapter of the California Rare Fruit Growers association: http://www.crfg-redwood.org/patented-fruits-list-2013.pdf
I'm just saying, the likelihood of accidentally become a lawsuit target appears like it might be overblown in some ways.
Perhaps, but for many the question of risk is distinct from the question of legality. The questioner wasn't asking whether he was likely to be caught, but how to determine ahead of time if one is behaving legally. It's not clear if this is even possible. Does intent matter? One of the major breeders of new fruit varieties in the US asserts that it does not:
"Asexual propagation of patented plants (including any of its parts such as leaves, buds, cuttings, seed, fruit or pollen) is strictly prohibited without the written authorization of the patent holder or the patent holder’s agent. Possession of improperly propagated trees of patented varieties (such as the receipt of trees, budwood or graftwood from unauthorized sources) constitutes infringement, even if an illegal propagation was inadvertent."
http://www.dwnbeta.com/plant-patents-and-trademarks