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Section 1) Germination of Mesemb Seed (esp. Lithops)
Section 2) Plant Patents, general material
Section 1)
OK, here's the skinny, from a great tome on cactus and mesembs (Lithops are in the family of Mesemb....unspellable, slightly offset from the rest of the world; plus, Lithops are south African, while cacti are virtually all new world plants). *ahem* The best time is to sow the seed during the warm days of May and June. The compost should consist of equal parts of loam, leaf-mould or peat, and coarse sand. The ingredients should be sterilized (steam sterilizing is best; he goes into technique). When mixing the compost, it is as well to incorporate a little carbonate of lime, as these plants like lime (a light dusting would suffice, IMHO). The seed may be sown in divisions, in a pan. Thin strips of glass will do very well to keep each type of seed separated. Alternatively, wooden labels may be used for this. The best idea, though, is to give one pot to each species. The pots are arranged by filling them at least 1/3 full with drainage material; put peat over this, then put the compost on top, filling the pot to within 1/2 inch of the rim. It is as well to sieve the last 1/4 inch, so that tender young roots can find their way down into the soil with little difficulty. Level off the soil in the pots, and press down lightly to produce a flat, firm surface. The seed may now be scattered, thinly, over the surface of the soil. Most of it is very minute, so great care must be taken to ensure that it is evenly distributed. You should leave the seed uncovered. Place the pots in a container of water with the level half way up the pots. Allow the water to soak gently to the surface until it is damp. Then place the pots in a shady place in the greenhouse. Do NOT cover them with glass, paper, or any other covering. With the temperature about 60F, germination may be expected to take place in anything from 3-30 days. As soon as the minute green shoots appear, the pot should be moved to a light place, although it is not advisable to epose (expose) the plantlets to full sunlight until they are about 1 month old. After that time, they should be allowed as much sun and fresh air as can be provided. If they are very thickly sown, they may be transplanted when about 3 months old. This will provide quicker growth than ifthey are left in the original pots for the first 12 months. The pots should not, at any time, be allowed to dry out completely, most particularly before germination has taken place. It is advantageous to continue watering them from the bottom part of the pot for the first six months, at least. The seedlings should be kept growing for the first year, but it is best to observe the resting epriod during the second year of growth, during which time they should be adult plants in miniature. Subsequent treatment will be as for miniature plants. Repotting: same as the original mix, plus 1 part limestone grit. These plants like lime, and they do not like a close compost. As they grow older, cut down the watering considerably, until in the second year they are allowed to dry out completely before more water is given.
*Phew!* In place of his mix, you might try 1/3 potting mix, 1/3 added perlite, and 1/3 sand, maybe a bit heavier on the sand, esp. at the top of the mix box. OK, here's the skinny, from a great tome on cactus and mesembs (Lithops are in the family of Mesemb....unspellable, slightly offset from the rest of the world; plus, Lithops are south African, while cacti are virtually all new world plants). *ahem* The best time is to sow the seed during the warm days of May and June. The compost should consist of equal parts of loam, leaf-mould or peat, and coarse sand. The ingredients should be sterilized (steam sterilizing is best; he goes into technique). When mixing the compost, it is as well to incorporate a little carbonate of lime, as these plants like lime (a light dusting would suffice, IMHO). The seed may be sown in divisions, in a pan. Thin strips of glass will do very well to keep each type of seed separated. Alternatively, wooden labels may be used for this. The best idea, though, is to give one pot to each species. The pots are arranged by filling them at least 1/3 full with drainage material; put peat over this, then put the compost on top, filling the pot to within 1/2 inch of the rim. It is as well to sieve the last 1/4 inch, so that tender young roots can find their way down into the soil with little difficulty. Level off the soil in the pots, and press down lightly to produce a flat, firm surface. The seed may now be scattered, thinly, over the surface of the soil. Most of it is very minute, so great care must be taken to ensure that it is evenly distributed. You should leave the seed uncovered. Place the pots in a container of water with the level half way up the pots. Allow the water to soak gently to the surface until it is damp. Then place the pots in a shady place in the greenhouse. Do NOT cover them with glass, paper, or any other covering. With the temperature about 60F, germination may be expected to take place in anything from 3-30 days. As soon as the minute green shoots appear, the pot should be moved to a light place, although it is not advisable to epose (expose) the plantlets to full sunlight until they are about 1 month old. After that time, they should be allowed as much sun and fresh air as can be provided. If they are very thickly sown, they may be transplanted when about 3 months old. This will provide quicker growth than ifthey are left in the original pots for the first 12 months. The pots should not, at any time, be allowed to dry out completely, most particularly before germination has taken place. It is advantageous to continue watering them from the bottom part of the pot for the first six months, at least. The seedlings should be kept growing for the first year, but it is best to observe the resting epriod during the second year of growth, during which time they should be adult plants in miniature. Subsequent treatment will be as for miniature plants. Repotting: same as the original mix, plus 1 part limestone grit. These plants like lime, and they do not like a close compost. As they grow older, cut down the watering considerably, until in the second year they are allowed to dry out completely before more water is given.
*Phew!* In place of his mix, you might try 1/3 potting mix, 1/3 added perlite, and 1/3 sand, maybe a bit heavier on the sand, esp. at the top of the mix box.
Section 2)
Date: Thu, 04 Apr 1996 01:07:59 -0500 (EST) From: OrchidZ@prodigy.com (KIRK A ZENTNER) Subject: [7889] US Plant Patent Summary
There has been lots of discussion here lately about plant patents, including a fair amount of fact, much opinion and a few mistakes. There seems to still be some confusion as well. I thought it might be useful to try to consisely (re)state some facts about US plant patent law. Some of the following is paraphrased from _Plant Propagation: Principles and Practices_ (Hartmann/Kester..).
It is possible to obtain a patent on a plant in the US. This has been true since 1930 when US Patent Law was amended to allow it.
You can get a patent on "any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state". A plant found growing wild is not considered patentable.
To be patentable, a plant must be asexually reproduced and propagated commercially (cloned by one means or another). The person applying for the patent must have invented or discovered, and propagated the plant his/herself. If that person did not invent or discover and propagate the plant, the patent is void. A plant that is stolen or illegally collected, imported or held can't be patented.
The owner of a plant patent has the right to excluded others from propagating, selling or distributing the patented plant. However, if patent rights are violated the patent holder must defend those rights by filing a civil suit. There are no legal penalties.
Patent rights can be assigned, licensed or sold, and last for 17 years from when the patent is issued. After that, the patented cultivar can be freely propagated and distributed.
A US patent applies only in the US.
It is possible to patent a particular plant/clone of a species, as long as all the rules are met.
It is not possible to patent a whole species or natural population. If you find a unique use or application for a species or its genes or natural products, that use or application may be patentable, but that is not a plant patent.
Anyone can use a patented clone for further conventional breeding, including self-pollination. This use is not restricted in any way. Also, if polyploidy or mutation occurs a distinctly different individual may be produced which would not be covered by the patent, but which could in turn be patented by whoever induced or discovered it.
Since 1970, the Plant Variety Protection Act has provided similar protection to sexually propagated cultivars, but unless/until someone develops an orchid line or hybrid that breeds true from seed and wants to apply under this act, this does not apply to orchids. Only then could a whole grex be patented.
So much for the facts, now I'll express a couple opinions. To those who have expressed doubts about patenting orchids:
Why shouldn't someone who has invested their time, money and effort in developing and marketing new orchid cultivars have the right to restrict the propagation and distribution of their product in an attempt to maximize the return on their investment? For some individuals and companies this is part of their business. Do you work for free?
Would you seriously suggest that someone who makes a profit on a new orchid hybrid should make payments to those who bred the parents or to the countries where the germ plasm originated? If you wrote a book, would you give the royalties to every writer whose work you learned from, or to the person who taught you the alphabet? If you invented a better mouse trap would you feel compelled to give your profits to the person who invented the first mouse trap or to the countries where the raw materials originated?
Kirk Zentner OrchidZ@prodigy.com Madison, Wisconsin, USA
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