Desireable Characteristics for High Value Aspen Clones?

[pmcgover]

I could probably research online this but I will ask you.

Do plant patents prohibit OTHERS from using the patented tree to breed new progeny?

(Perhaps we should take this to a new thread...)

[mesquite buckeye]

The answer is that if you read the patent law for plant patents, you are protected from unauthorized use for 20 years. That would include breeding theoretically, but good luck proving somebody else is breeding with your material once it is available. If you wanted to allow breeding by others, you could licence it to them for a set fee or as a royalty from any progeny that they patent as a result. Soon, you will be rich! Well, maybe not, but if it gets popular, you could get a small income from your work. ;D

[beenthere]

(Perhaps we should take this to a new thread...)

Pls keep it here.. much easier to follow along for those of us interested.

[pmcgover]

Thanks for your "experienced" perspective on this. 

I can appreciate why one may want to patent an ornamental tree or perhaps even a forestry clone IF you started with a wild parent - You were the original developer or "finder" of that "trait". 

However, I am a romantic idealist.  While one may have the legal right to patent a given tree, I have "moral" issues with patenting forestry trees that were "touched" by breeders now likely deceased but who have provided a foundation for future improvement.  We know forestry trees have long rotations and must be planted economically.  Much of my stock can be traced to several late breeders who received public funding for their work.  If we are so privileged to improve their materials, then we should get funding for our breeding projects and release any selections as public domain. 

Much of my beliefs on this arise from the Open Source software philosophy or culture.  I will not use proprietary software if there is a usable open source alternative.  Their quality may start low and slow, but over time they often mature to become better than proprietary alternatives.  Sounds like an oak tree doesn't it...

If others do the same then all of Science will benefit as improvements are not impeded by patent restrictions - it can move forward faster versus waiting 20 years for the patent to expire.  My 2 cents...

[mesquite buckeye]

How is asking for public funding (tax money, other people's money) morally superior to trying to create something of value and receiving income derived from the sale of the new, valued product?
Public money doesn't come from nowhere. I think the person who invents, builds upon previous invention on his own dime deserves to receive something. Take away incentives and nothing new will come. I don't believe that more government spending is a panacea for anything.

[pmcgover]

Yes, I agree that more government over-spending is not a good thing.  I do feel that private funding, perhaps from the corporations that consume these raw materials is a better funding model.

[mesquite buckeye]

They would want part of any patents in that case. ;D

[wisconsitom]

Older thread, I know, but thought I'd chime in anyway...and in the process, resume participation in the Forestry Forum, which like pretty much all web stuff, I don't do much of during the growing season, hence my multi-months absence on this site:

I'm one of the cooperators with Mr. McGovern's stock.  I currently have three A-G (alba-grandidentata) hybrids from him, started as 12" cuttings, at my tree farm.  All three rooted early this summer.

I very much enjoy working on this project and I have one additional perspective to share with this group.  While I fully agree that securing clones that are easy to root from forestry cuttings, and which will reliably have figured grain in a large percentage of the resulting stems is a great goal, I think it equally worthwhile that these breeding efforts could end up as a means for us in the northern US to continue to have aspen period, as climate warms up.  The addition of P. alba genetics, I think, will add heat-tolerance to these clones that is lacking in pure native aspen species as a rule.  Indeed, aspen-both quaking and bigtooth, are said to be threatened under most climate-change scenarios envisioned for the region.  This is speculation, but is founded on facts occurring on the ground.

I might add, 2 of the clones Patrick sent me have topped out over the protective tree tubes already in their first year from sticking.  Both of these happen to be large-leaved types.  And while it's early in my part of the game, I think I'm going to eventually enjoy seeing clonal stands of these items on my site, most of which is occupied by softwood species-white pine, red pine, Norway spruce, and especially, hybrid larch.  I really like aspen types that have light-colored leaf undersides.  It's an aesthetic thing, but seeing those kinds of trees shimmering in the breeze is magical to me.  I've also got considerable balsam poplar-another tree with the word "poplar" in the common name but which is in fact, an aspen, in the wetter parts of my property.  That's another great tree.

tom