National a7id Educational Interests. 113 



New varieties should be subjected to examination and trial by 

 a competent committee, that protective letters might not be 

 given for old sorts, worthless new ones, and those not distindl: 

 enough to be identified. It would be necessary to classify 

 plants, in the statute protecting them, according to the purpose 

 for which they are valued, and apply the protection accord- 

 ingly ; thus : 



''Class I. Perennial plants valued for the seed or fruit. 



"Class 2. Plants valued for ornament. 



"Class 3. Vegetables, vegetable fruits, cereals and other 

 annuals valued as edible and marketable products. 



"The purchaser of the right to grow a variety for indi- 

 vidual use would not possess the right to sell the means of 

 propagation unless such means was the product for which the 

 variety was valued. For instance, such purchase would not 

 confer the right to disseminate plants or cuttings of varieties 

 belonging to class i, nor plants of perennial and seed of 

 biennial and annual sorts included in class 2, although the 

 flowers and foliage could be sold as the ornamental product. 

 With vegetable fruits such purchase would not confer the right 

 to disseminate and sell the seed apart from the product con- 

 taining it ; nor would purchase of the marketable product 

 when it was the means of reproduction, convey the right to 

 grow the plant unless that right was conveyed in writing by 

 the owner of the protective right. It must be borne in mind 

 that growing the plant, that is, the act of setting in the ground, 

 propagating and cultivating it, is synonymous with manufac- 

 ture, and the facility with which an article may be manufac- 

 tured does not invalidate in the least this exclusive right of 

 the patentee. The party, therefore, to whom the lawful dis- 

 seminator sold plants, cuttings, seeds, etc., of the variety — 

 according to the manner of its propagation — would receive 

 from the latter a conveyance of the right to grow the sort, 

 and to sell the marketable product under the name. If any 

 one procured the sort elsewhere, that person could not show 

 such conveyance when called for, and would have to pay the 

 penalty the law^ imposed. The right to propagate to obtain 

 the marketable product would be included in the right to grow 

 the plant in all cases, as propagation is the result of growth 

 with a majority of plants, and is part of the use. 



''Of course, growers of protected varieties could transfer 



