Is there an optimal time for grafting a Nadia scion onto another tree?
What grafting is the most reliable, bud grafting , topworking, or scion ? And what is the best way to seal the graft - with wax paper, string, or melted wax?
Can the Nadia be grafted onto any old cherry tree or any Asian plum tree? Will a European plum work as well? What about pluots an plurries? If they pollinate a Nadia, could they take a graft too?
I’m sorry, but the best I can see would be August 8th, 2027. That would be 20 years after the plant patent was filed (Aug 7th, 2007). Grafting scion from it would be a patent infringement until the expiration date. If I’m wrong about any of that, I’d appreciate being corrected.
So I couldn’t graft it onto one of my own trees, even if it isn’t for commercial use?
That’s right. Plant patents prohibit asexual propagation, and don’t distinguish between personal use, commercial use, or giving away the propagated material without profit.
While first noting I Am Not a Lawyer:
It’s worth noting that despite very scary language from the Patent office about asexual reproduction, it’s actually settled case law that personal back ups are not infringement of copyright, and it’s not as clear whether it’s possible to prevent personal backups on a patent level. I can’t find any evidence that any settlements or even lawsuits have been brought disputing fair use personal backups, so I’d personally find it ethically acceptable to keep a branch of a rare/new/expensive variety in as a branch on a “back up” tree in a different location.
The law 35 USC 161 says: grant shall include the right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United States, or from importing the plant so reproduced, or any parts thereof, into the United States.
In all other cases, backups have been upheld to be a right and not a “use”. I can’t find any evidence that anyone has ever pursued it legally against non-commercial entities. It’s also clear from the rest of the law and the figures cited they weren’t even remotely considering the idea of personal entities; the law’s intent is solely to combat loss of commercial value for retailed trees.
Thank you for that info, I’ve seen photos of others rooting Nadia scion wood for back up purposes.
Do you know anything about obtaining scion wood from other countries?
Just do it before Spring come on your fruit tree in your yard only for studying purposes, don’t ask. Be ok.