Quote:
Originally Posted by DuckCreekFarms
I received my Mahon from SC WI R. who received it from Dr Bradshaw, who apparently found it and named it several years ago. I have it listed on my website as Mahan, but will probably change it to Bradshaw as some other people have done, so as not to risk Confrontation
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If what you received is in fact the same variety that was patented, then distribution
occurred long before the patent application was applied, and thus the patent
is not valid.
Of course, if what was patented is not the same as what you have, then you
don't have anything to worry about!
I suspect if you've got good documentation that dates your receipt of the variety,
the patent holder will probably agree that what you have is "different" rather than
admit their patent is not valid.
Win-win for you.
Lee