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To: j g cordes who wrote (29919)1/26/1999 11:16:00 AM
From: TigerPaw  Read Replies (2) | Respond to of 67261
 
when patent claims go to the heart of the kernal
It would be my guess under patent law, that if an introduced gene found its way into the wild stock that it would be difficult to prosecute a farmer who grew the plant. (that does not mean they couldn't sue which would be just as bad for small operators).

The key thing the patent would prevent would be for another seed company to breed the gene into their stock. If the gene could be selected against, it would be the obligation for the compeating seed company to guard against introduction. If the gene cannot be selected against, it would be similar to a company which printed it's patent in an open forum and then tried to sue about fair use.

The seed companies are unlikely to go after the organic industry since it takes much longer to breed a gene into these plants and still maintain the variability they desire, therefore the patents would be running out by the time it was available in quantity.
TP