Northern Nut Growers Report of the Proceedings at the Twenty-First Annual Meeting: Cedar Rapids, Iowa, September 17, 18, and 19, 1930
Science
Northern Nut Growers Report of the Proceedings at the Twenty-First Annual Meeting: Cedar Rapids, Iowa, September 17, 18, and 19, 1930
Northern Nut Growers Association -- Periodicals; Nut trees -- Periodicals; Nuts -- Periodicals
It is admitted by all who understand anything about horticulture that
this act is intended to meet a long-felt want. The world owes much to
many hard working scientists who have developed many valuable plants,
both ornamental and edible, and up to the date of this act such producer
had no way of reaping any very material financial benefit from his
labors. The man who might invent some new and useful gadget for an
automobile or other machinery was protected under the patent law, if he
availed himself of it, but the man who developed a beautiful flower, a
fine apple or a fine nut was wholly without protection.
The term "asexually" as used in the act, is generally understood by
horticulturists to mean any method of producing a plant except from
seed. It will be observed, in referring again to the act, that the man
who discovers some new plant and propagates it by any of the methods
covered by the term "asexually" can have such plant patented under the
terms of this law, but the patent law is one that is always construed
strictly and obviously the application for patent would have to be made
in the name of the man who actually discovered the plant. Of course,
after securing such patent, he could assign it the same as any other
patent is assigned, but the question would constantly arise in this
connection as to who actually was the first discoverer. Most of the
sporadic fine plants, especially fruit and nut bearing trees, were
matters of neighborhood knowledge many years before they actually
attracted the attention of some one who recognized their full value and
knew how to propagate them, and the question would arise immediately as
to who was the real discoverer. Undoubtedly the man who tramped
constantly around in the neighborhood of a fine nut or fruit tree and
actually saw the tree but did not recognize its value, is like the man
the poet describes when he said:
"A primrose by the river's brim,
A primrose only was to him,
And nothing more."
This man could not be said to be a discoverer under the terms of this
law; but on the other hand the plowman who might be plodding his weary
way homeward and see a fruit or nut tree bearing something unusual and
who would recognize its unusual and distinct differences would be the
real discoverer, but unless he could prove the fact that he had called
it to the attention of others in some manner he would have difficulty in
complying with the patent law and making a proper showing of originality
as required by that law. But he would also, in addition to being the
discoverer, have to asexually reproduce it and this he might not be able
to do on account of his lack of knowledge of propagating methods.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account