Warty Pumpkin Patent: Siegers Seed Co. Loses Round 1

| 3/5/2009 8:10:00 AM

Hank Will and Mulefoot piglet.On February 13, 2009, the United States Patent office formally rejected Siegers’ 25 claims on cucurbit warts. Patent examiner Ann R. Kubelik issued a non-final rejection of the entire package, however, Siegers has an opportunity to rebut and appeal the decision within 6 months (if all the deadline extensions are implemented). This is indeed good news for gardeners, breeders and pumpkin growers everywhere.

The patent was rejected for a number of reasons related to a somewhat sloppy application and for a number of reasons relating to the prevalence of warts on cucurbits historically, and the fact that warted pumpkin seed has been, and still is, for sale by other vendors.

Read Dr. Kubelik’s 9-page Non-Final rejection document here (click on “Non-Final Rejection” on that page).

Read my other posts on this topic here.

Thanks to GRIT blog commenter DLR for bringing this to my attention.

Cindy Murphy
3/6/2009 7:18:23 AM

Wow - that happened quicker than expected.

Paul Gardener
3/5/2009 11:49:24 AM

It's great news Hank!!! Thanks for keeping us updated on it's progress. P~