If intellectual property would not be applied to making living entities out of living entities, all this bullshit wouldn't happen
The whole idea of intellectual property is flawed. You are making seed out of seed. Thats not an invention. If you make seeds or create a strain out of non biological means, that would be an invention and it would apply. If you create or invent a cannabis strain or seed out of a piece of rock or some metal like steel or iron, that would certainly be an invention or creation and would deserve a patent
I'm not sure phylos will make seeds out of seeds, the whole idea seems to me more like make seeds(or more simple genetic manipulation of existing plants) by using data gathered from seeds which were donated or given to them.
In this view they will make living organisms out of data, which is a novelty after all.
And patenting a plant is not the case, but patenting a part of a novel genome they will create, still feels legit to me. I could be wrong though...
Cheers