It seems to me like it’s a Google issue. If one uses a code name or number to identify the rose on this forum, then you’d want to make sure you didn’t use that same code name in the patent application. Other than that there’d be no way the patent officials could ever prove from just a picture that it was the same rose (unless you submitted the same picture with your application.)
Jim Sproul seems to be doing all of this with an eye kept to future patenting. If you notice, he shows photos of “journey” roses, keeping the “destinations” private while being tested. Only after testing is complete and decisions are made, are any photos and other information made public. Kind of a difficult position to have to operate in, but worth keeping in mind, possibly following the lead if you really feel you may have something “commercial”.
I did not mean to scare anybody…Sorry about that. Actually the reason why Jim is being so cautious is because we talked about it…But to be clear, you can still post any picture of your new seedlings, and under code is fine, as long as you do not associate the picture with the name you want to give to the rose, as someone mentioned earlier.
And the change in the law affects the US patent law only. However it has an impact on the patentability of a rose from another country. The USPTO will look at the first release anywhere in the world, not just in the US. And again, with Google, they can,…
What I meant to say was, just make sure you are aware of this when you post your pictures, and you should be fine.
Yes, Jacques made me to be all the more cautious! I have a photo of the next Eyeconic that Star Roses is going to release in 2013 that I would like to put on my blog, but will have to wait a bit longer…
Dang! LOL!
It makes you a little more understanding of all the hybridizers that I used to get irritated with for never revealing pedigrees of their babies. It had not occurred to me there might be legal reasons and not just selfish ones for protecting such information.
BEFORE introduction, yes. At or after introduction, no.
I think using a “personal” coding system for posting seedlings here or other places and then a different “professional” coding system for presenting a seedling for patent would seem to solve most of the problem wouldn’t it?
probably