Is it possible to patent a tree?

[K.I.L.E.R]

I'm just wondering why data structures haven't been patented yet. If you can patent double licking then surely you can patent a tree?

 

[pcchen]

I'm no patent lawyer, but to my understanding you can't patent a mathematical construct, but you can patent a specific way of doing things (a specific implementation of an algorithm, for example).

 

[K.I.L.E.R]

So I could make a tree and then patent my way?
Effectively patenting a few critical lines of code?

 

[maaoouud]

You probably could patent it in the USA, maybe even the EU as they seem to grant software patents even when they are not legal. But once you tried to sue anyone the they would bring up prior art (I think that's the term) and since it's been a very common way to organize stuff since the seventies (?) I doubt it'd remain a vaild patent for long.

 

[idiom]

I thought you meant like patent a tree's DNA or something for a little while there

 

[maaoouud]

Eeeeeeeeeew. Yes that would have been possible for sure.

 

[bloodbob]

No you can't patent a tree atleast here in australia however you can get something that is similar I can't remeber what its called but basicly you more or less get exclusive rights to the plant.

Its called plant breeder's rights here is what you gain exclusive access to

(a) produce or reproduce the material;
(b) condition the material for the purpose of propagation (conditioning includes cleaning, coating, sorting, packaging and grading);
(c) offer the material for sale;
(d) sell the material;
(e) import the material;
(f) export the material; and
(g) stock the material for any of the purposes described in (a) to (f).

And yes you can get "Plant breeder's rights" to plant found in the wild.

And of course you can't patent those sorts of trees in australia YET.

 

[Simon F]

So I could make a tree and then patent my way?

No. Trees are described in prior art so you can't patent them per se.

IF, however, you came up with a novel use for trees to do something brand new, then you could possibly patent the use of trees for that purpose (provided it wasn't deemed obvious etc).

 

[K.I.L.E.R]

I'm going to come up with a way to use trees to solve difference equations, patent it and demand Microsoft pay me billions of dollars for my work.

 

[Simon F]

I'm going to come up with a way to use trees to solve difference equations, patent it and demand Microsoft pay me billions of dollars for my work.

And why would M$ want such a thing?

 

[K.I.L.E.R]

because I would sue them for stealing my idea.

And why would M$ want such a thing?