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
The language of the law presents some very interesting problems to those
of us who have tramped the fields and valleys in search of nut trees
producing better nuts than those already propagated, and it incidently
brings into the patent practice a brand new requirement. The ablest
patent lawyer in America might not know the difference between a bud and
a graft, a layer or cross-pollination. I have frequently had some very
able lawyers who visited my farm and had their attention called to a
pecan tree grafted onto a hickory, ask what kind of nuts it would bear.
Of course when they ask such questions as that I promptly change the
subject and begin to talk about the weather or something else; I
certainly do not try to educate them in the fundamentals of tree
propagation. It will also require specialists in the patent office who
likewise know something of horticulture and reproduction methods of
plants.
It will also be noted that the law excludes tuber-propagated plants. The
Committee report states that:
"The bill excepts from the right to a patent the invention or
discovery of a distinct and new variety of a tuber-propagated
plant. The term "tuber" is used in its narrow horticultural sense
as meaning a short, thickened portion of an underground branch. It
does not cover, for instance, bulbs, corms, stolons, and rhizomes.
Substantially, the only plants covered by the term
"tuber-propagated" would be the Irish potato and the Jerusalem
artichoke. This exception is made because this group alone, among
asexually reproduced plants, is propagated by the same part of the
plant that is sold as food."
It will be noted that there is quite a spread, however, between the
exact language of the law and the Committee report, for example: under
the law it would appear that a dahlia might be excluded, and it also
raises the question, under the language of the law, as to many of the
root plants, such as peonies and others. Obviously, Congress did not
intend to exclude plants such as the dahlia, peony and others, as
evidenced from the excerpt in the Committee report above quoted, and
whether the matter of the production of a new dahlia by
cross-pollination and tested out through the growth of the bulbs, can be
made to harmonize with the language of the law is the question. The
Committee report says that tubers mean only "Irish potatoes and
Jerusalem artichokes." It always occurred to me that the sweet-potato
is also a tuber, but the Committee report apparently attempts to exclude
it.
There are any number of interesting questions that occur to those of us
who are fortunate enough to have some knowledge of the law as well as a
few fundamental principles of horticulture, but in spite of whatever
weakness the law may or may not have, it is undoubtedly a step in the
right direction, and meets a long-felt want.
The Secretary of Agriculture said in his letter to the Committee:
Public-domain text, read in full here on John Shaqi.
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