Disturbing Prophecy from "Breeder Steve"

[Guest]

[WRAP]HHF, i was thinking patent and not trademark, though you're right name has nothing to do with a patent of genetic material. but i believe my original point is still valid, that if one could bring forth genetic proof that the heirloom parents of a patented hybrid existed prior to the patent, anyone would be able to create the same cross without infringing on the patent. like i said though i'm no patent lawyer. sorry for the confusion.[/WRAP]

Maybe Suzy or Sam might know more to clarify, but as i understand it you patent 'creation' or 'discovery' for a use. So the parental materials are not taken into consideration at all. As effectively the patent would apply to any plant that carried the DNA marker, previous or future generations while the patent was in place. I only have a brief understanding though bro, no expert. Just as i read it..

Peace, hhf

 

[Pops]

Obviously, the ability to patent plants opens up a potential can of worms if legalization ever comes about. In another area where I used to work, a company patented technology that was either share-ware or free-ware and started to sue anyone who was using it without their permission.

This could potentially happen with some sleazy seed breeder who goes around patenting crosses that have been around for a while, or crosses that the original breeder did not patent. They would then make their money from lawsuits against other breeders, not by making seeds themselves.

 

[SmokeRings]

Well to gain that patent I would immagine you would need to prove that you created it, I dont think people are gonna be allowed to just arbitrarily claim ownership of any strain they please, that would be bs.

 

[Verite]

Heres a taste of the future for ya. 12 seeds @ $665 with 2 days 17hrs left on the auction. The last pack of Bogglegum anyone?

http://www.seedbay.com/index.php?a=1002&b=10601

 

[Elevator Man]

"Then's got more money than common sense...", as my gran used to say...