Microsoft and Apple

Tangential to the topic of this Blog, but a delicious exchange on the CNI-Copyright list:

On 29 Jun 2005, at 22:55, Terry Carroll wrote:

On Wed, 29 Jun 2005, David Dailey wrote (about IP protected plants):

A wee bit of digging on the net tells me it is really neither copyright nor patent but plant law. Chapter 57 of Title 7 specifically deals with the 1970 Plant Variety Protection Act which provides legal intellectual property rights protection, to developers of new varieties of plants that are sexually reproduced.

Wow. I guess Microsoft could get a patent on an Apple, then.

Oh, wait, see Plant Patent no. PP14,757 at
:

Apple tree named 'Burchinal Red Delicious'

Abstract: A new and distinct variety of apple tree which originated as
a sport limb mutation of 'Wells and Wade cultivar' Oregon Spur.RTM. of
red delicious apple tree (U.S. Plant Pat. No. 2,816), characterized by
a more uniform deeper red color, developing much earlier than fruit of
other red delicious varieties, and having a thicker stem and longer,
deeper red leaf midvein.

Inventors: Burchinal; Robert (East Wenatchee, WA)
Assignee: Microsoft Corporation (Redmond, WA)
Appl. No.: 313685
Filed: December 6, 2002

(Actually, while this is a real patent and Microsoft *is* listed as assignee, the assignee listing appears to be a clerical error on the part of the office of the patent attorney whose does work for both the inventor Mr. Burchinal and Microsoft. See here... But it's a golden delicious mistake, if you'll pardon the pun.)