Protection and Distribution of New Selections in Domestic and Foreign Markets

Abstract

Historically, breeders of vegetatively propagated fruit crops, such as apple, have simply released their new selections for propagation and distribution without regard for control of such distribution or financial return therefrom. In more recent years it has become more common for nursery-men to purchase the rights for new apple cultivars and then to patent these selections on an exclusive basis. Fruit breeders working for public institutions have made little, if any use of the patent laws to control their new varieties, but some have arranged outright sale of such new varieties to private industry or have had some informal relationship between a large nursery. Even today the use of patent protection for other fruit varieties such as peach, plum, apricot, nectarine, etc. is quite uncommon.