plant patents/ IP is there a future in the "strain game"?

[Henry_420]

Below are some very interesting articles I found during the weekend. MUST READ if you wanna avoid your creations to be patented by big pharma and biotech...

BREEDERS’ RIGHTS AND THE PRESERVATION OF CANNABIS CULTIVARS – PART 1

BREEDERS’ RIGHTS AND THE PRESERVATION OF CANNABIS CULTIVARS – PART 2

 

[troutman]

Below are some very interesting articles I found during the weekend. MUST READ if you wanna avoid your creations to be patented by big pharma and biotech...

BREEDERS’ RIGHTS AND THE PRESERVATION OF CANNABIS CULTIVARS – PART 1

BREEDERS’ RIGHTS AND THE PRESERVATION OF CANNABIS CULTIVARS – PART 2

From Part 1:

The owner of a (cannabis) cultivar can be granted a Plant Variety Protection (US) or Plant Breeder’s Rights (Canada)
if it can be demonstrated that the variety is:

New;
Distinct;
Uniform; and
Stable.

So much for most people getting patents.

Show me one stable Cannabis cultivar that isn't a Landrace that hasn't fallen apart after 10+ years of seed breeding.

Which is why so many people would like to get seeds from the old days before they got hacked to pieces.

Nobody that I know of has bred Cannabis cultivars with stability like vegetable farmers.

 

[Henry_420]

From Part 1:
So much for most people getting patents.

Show me one stable Cannabis cultivar that isn't a Landrace that hasn't fallen apart after 10+ years of seed breeding.

Which is why so many people would like to get seeds from the old days before they got hacked to pieces.

Nobody that I know of has bred Cannabis cultivars with stability like vegetable farmers.

I believe it's not the point of the article...
The point is, get your strains (ideally with a test result from a lab) out there, available to people for more than a year, and then it's in the known public domain, therefore can't be patented by someone else...

Breeders don't have to patent their strains, they just make them know in the public domain. A more formal way of doing what has always been done...

 

[RedDirtWarrior]

From Part 1:
So much for most people getting patents.

Show me one stable Cannabis cultivar that isn't a Landrace that hasn't fallen apart after 10+ years of seed breeding.

Which is why so many people would like to get seeds from the old days before they got hacked to pieces.

Nobody that I know of has bred Cannabis cultivars with stability like vegetable farmers.

So why is it that cannabis genetics fall apart faster than other plants that are easily stabilized. let me give u a hint; toxic ferts, no sun, no soil I think would kill any plant over a few generations.

cant see why so many are upset/against strain patents. nobody really does it yet and its only a good thing for strain development.

 

[WaterFarmFan]

cant see why so many are upset/against strain patents. nobody really does it yet and its only a good thing for strain development.

When the patent train rolls through (likely timed exactly with deschedulation), it will be big (wall street backed) business that wins the day. Government force (friendly men with guns) is required to make sure people and/or companies don't violate these newly granted rights. You can debate that it may be some theoretical positive for strain development, but it is good for little else than making greedy people even richer.

Everyone is for the free market, until they come up with an idea (strain, product, whatever...) and want to sell it. Then, they want max government protection from competition, as any monopolist worth their collective salt strives for. Today, there is a pretty healthy market for cannabis seeds. Successful breeders (bulk seed makers) must produce packs that meet expectations and in quantities that meet market demand. They must do this over, over and over again... If not, or they are hucksters or provide poor customer service, they go out of business. This is the free market.

 

[djimb]

I worked in nurseries and garden centers for about 15 years. The larger wholesale nurseries and regional chains carried patented plants bought or licensed from breeders, and they came at a huge markup with a big, fancy picture tag. The little guys who were old-school 'plantsmen' often made seed from patented varieties or, in the case of some of the sterile polyploids (like the dwarf butterfly bush you see these days), they would grow out cuttings and sell them under a different name. They were small enough that they never fell under scrutiny. Much like how a small personal grow of a few plants in a closet is way less likely to get busted than a huge commercial operation in a warehouse.

I see the looming cannabis patents similarly. As an obligate outcrosser with a relatively high vulnerability to inbreeding depression, it'll be nearly impossible to patent a seedline. That means that even if a certain clone is patented, all you have to do is make seed with it, and you have plants that are arguably not covered by the patent. Or, if it's s a sterile clone, as long as you aren't selling clones nationally, you probably won't have anything to worry about. Grow it, clone it, smoke it, share it.

 

[Brother Nature]

This shit makes me glad I don't live in the US. And to the OG poster, you need to read up on patent laws as well as what Plant Variety Rights mean. There's no need to reiterate what so many have said already but it's gonna be pretty damn hard for anyone to get a PVR(PBR) or a patent on any strain out there that's already been sold, in any way.

My 2 cents on why cannabis is so hard to stabilize has a lot to do with it's legality and the fact most people in the business, at least at the highest level, aren't in it for the love. People like DJ and the Skunkman as well as many other unnamed people had the ability, knowledge, and room to breed and manipulate our favorite plant in ways that most breeders simply don't these days. The entire dutch business model is based on their work and not dutch born and bred strains. Stabilizing cannabis isn't good for business, people want the next Cookies, Gelato, GG, or whatever the fuck people are referencing in the latest rap hit, so that's where the market is right now. Until cannabis is fully legalized in the way, say, a Rose is, there's no need to worry about 'the man' getting his hands on your closet bred strain.

Also, a little rant since I've been drinking, what is up with all the hate towards GW and people like Sam and DJ? They may have opinions you dislike, but who cares, they've made a (I'm assuming) comfortable life out of something we're all here to talk about and enjoy, who wouldn't want that. Anyone whose sold even a ten sack has engaged in the capitalism you deride these people and companies for so we're all guilty really.

"What's that cologne you got on? Player hatin Motherfucker, smells like jealousy..."

(That's an IMP reference for my Yay area people on here )

 

[Henry_420]

Interesting READ I bumped into this morning
Not sure this is avoidable...

 

[MJPassion]

Interesting READ I bumped into this morning
Not sure this is avoidable...

WHO really cares?

Plant patents matter not w cannabis...
Once a variety is publicly released it gets used for whatever the grower wants to use it for. Whether it’s strictly for growing or for breeding or for soup... that is, ultimately, the purchaser of the seeds decision!

 

[Henry_420]

WHO really cares?

Plant patents matter not w cannabis...
Once a variety is publicly released it gets used for whatever the grower wants to use it for. Whether it’s strictly for growing or for breeding or for soup... that is, ultimately, the purchaser of the seeds decision!

You should really read more on the topic!! You are way overconfident on what someone can do once they purchase the seeds.
If we follow the same route as for regular crops, you would have to pay royalties...

READ this = https://bit.ly/2KU3WSw

 

[CaptainDankness]

I heard dj short got a patent for blueberry and he is going to sue everyone who stole his genetics...

Lol, nobody stole DJ Short's genetics, he sold them. He even allowed Chimera to gather pollen from his plants which were in almost every single strain he offered until about 3 years ago, not sure if Chimera paid or just friends, but DJ ain't suing anyone.

 

[troutman]

Lol, nobody stole DJ Short's genetics, he sold them. He even allowed Chimera to gather pollen from his plants which were in almost every single strain he offered until about 3 years ago, not sure if Chimera paid or just friends, but DJ ain't suing anyone.

Suing seed hacks is hard. Most don't have any money.

 

[CaptainDankness]

Suing seed hacks is hard. Most don't have any money.

Lolz, better off trying to get blood from a stone.

 

[MJPassion]

Lol, nobody stole DJ Short's genetics, he sold them. He even allowed Chimera to gather pollen from his plants which were in almost every single strain he offered until about 3 years ago, not sure if Chimera paid or just friends, but DJ ain't suing anyone.

Sorry to inform but B.B. was stolen via breach of contract by TWO prominent Dutch companies! The history has been published & it’s never been disputed, to my knowledge.

Had cannabis been a bit more legal DJ would have had the ability to pursue legal recourse. Due to the plant being on such bad terms with governments, DJ didn’t even have that option.

 

[MJPassion]

You should really read more on the topic!! You are way overconfident on what someone can do once they purchase the seeds.
If we follow the same route as for regular crops, you would have to pay royalties...

READ this = https://bit.ly/2KU3WSw

Cannabis, in general, has a long way to go before any varietal patents can be issued.
The only thing that can currently be patented are individual plants (clones) that have not been released to the public domain. And they must be “novel” in one form or another.

Try reading what the actual regulations say instead of some authors interpretation of what they read. You may realize a better understanding of what is required to actually get a patent. It’s not an easy or cheap task.

 

[Henry_420]

Cannabis, in general, has a long way to go before any varietal patents can be issued.
The only thing that can currently be patented are individual plants (clones) that have not been released to the public domain. And they must be “novel” in one form or another.

Try reading what the actual regulations say instead of some authors interpretation of what they read. You may realize a better understanding of what is required to actually get a patent. It’s not an easy or cheap task.

That is precisely what the article is saying. However, because there is no documented "prior art" patents could be wrongly issued and once they are, it takes a plaintiff to remove it.

Open Source breeding is a pertinent concept to me.

 

[Elmer Bud]

What are your thoughts on strain IP and patents? I think that with the entry of foreign countries, pharma, university and big business into the game the days of patenting strains may be far gone for small time breeders. I can see the picture looking like countries like Columbia or Peru growing the strains held by large companies for a miniscule price to the consumers (think $3 a gram). Looking at situations like Dr Mahmood of the university of Mississippi who has been hoarding strains for years and years and they were even using the DEA to raid countries to prospectively get those seed/root genetics unavailable to us from decades ago. I see Arjan strain hunting and contributing heavily to growers in Columbia is he looking to maximize the terp and cannabinoid profiles of his greenhouse strains and mix them with some of the hunted genetics to create his own originals and establish his roots in the Columbian growing game? I have heard that Neville is looking to patent his strains as well. Is the cannabis industry going to be like Coca-Cola meaning a proprietary or "secret" recipe held by a corporation using sugar grown cheaply in foreign countries? Is there a place for $15 grams of cannoisseur nug from small businesses or individuals amongst cheap ass high grade grams grown in superb conditions? DJ Short may end up a billionaire if strains are worth as much as a coca-cola recipe this is a pretty big business after all. I'm thinking the Dutch may be planning their big come back via strain owner age and product probably grown in foreign countries. I can see all of us wiped out of the game save a couple of strain vets like DJ short and maybe Sam the skunkman and even then if conditions are favorable and the lawyers can be stopped. I think the future is not in genetics but great growing practices and working for these large corporations unfortunately. Should we never have shared our genetics or can we win the fight by voting with dollars? What are your thoughts? Thanks

G `day S

Things that are in public domain cannot be patented .
ie if it has already in circulation = no patent .

Needs to be unique . Not seen before .

Patent law is not very strong outside the USA . Lookin at you China ...

Thanks for sharin

EB .

 

[rolandomota]

Lol I was just joking and yea I know Dutch Passion and sagarmatha "stole" blueberry but I have a philosophy of you can do what you want with your plants public domain or you can hoard it and it never will be famous

 

[Henry_420]

This is becoming interesting!
I'm starting to really dig what these guys are about.

Open Source Breeding Licenses

 

[Mengsk]

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