Author Topic: Avoiding Patented Varieties  (Read 2054 times)

Spero

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Re: Avoiding Patented Varieties
« Reply #15 on: 2018-11-25, 07:56:40 PM »
so, our lettuce needs a good lawyer ?

Carol Deppe

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Re: Avoiding Patented Varieties
« Reply #16 on: 2018-11-25, 09:06:21 PM »
Emerald Fan, that you selected from breeding material developed by Frank Morton? Not that I know of. None of the germplasm frank used had patents or restrictions on it to the best of frank's knowledge.

Joseph Lofthouse

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Re: Avoiding Patented Varieties
« Reply #17 on: 2018-11-26, 10:43:03 AM »
The way the utility patents are set up. They are not patenting varieties. They are alleging to be patenting specific traits, for example, one patent that I read for a melon had claimed something like, "A yellow melon, with ribs, that tastes crisp". The combination of those three traits was what was being claimed as a patent. Not yellow melons. Not ribs. Not crisp taste. But all three of those in the same variety. So that variety is perfectly available to use in plant breeding, as long as you are not selecting for yellow, ribs, and crisp in the resulting variety. Selecting for any two wouldn't be violating the alleged patent. Selecting for other traits  entirely wouldn't be violating the patent, as long as you selected against at least one of the traits in the combo.
« Last Edit: 2018-11-26, 11:35:03 AM by Joseph Lofthouse »

Carol Deppe

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Re: Avoiding Patented Varieties
« Reply #18 on: 2018-11-27, 12:07:34 AM »
There are two kinds of patents. Patents on specific varieties, and patents on plant traits. Generally, we are dealing with patents on specific varieties. And it is illegal to propagate or breed from those at all (without permission of the patent holder), whatever combination of traits you are or aren't planning to select for. It's illegal to propagate or breed even just for your own use.



Richard Watson

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Re: Avoiding Patented Varieties
« Reply #19 on: 2018-11-27, 12:14:09 AM »
In that case i will delete that post above.  ;)
Changeable year round climate, less so summertime, warming winters - just under 500mm average yearly rainfall. 20 years of soil improvements plus sub soil top soil reversal means my garden beds are about half metre deep. Below that is 100's of metres of alluvial out wash from the Southern
alps.

Diane Whitehead

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Re: Avoiding Patented Varieties
« Reply #20 on: 2018-11-27, 08:14:35 AM »
Illegal anywhere in the world?  Surely laws are specific to the countries that enacted them.
Victoria, British Columbia, Canada
cool mediterranean climate  warm dry summers, mild wet winters,  70 cm rain,   sandy soil

Carol Deppe

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Re: Avoiding Patented Varieties
« Reply #21 on: 2018-11-27, 07:47:07 PM »
The patents on individual varieties we have been talking about are USA patents. Most countries, even many third world countries have agreed, as part of general trade agreements, to honor so called plant breeders rights, meaning these patents. European Union actually doesnt have individual variety patents, though member nations may. It does have plant trait patents. If a gene giant based in Europe that markets in America develops something new, they are likely to get an American patent on it.

If someone in Europe breeds from an American patented variety, I dont know what would happen. However, when they tried to get it on the list as something that could be sold, it might get blocked. And if they started trying to export seed or produce to America, that could be blocked.

Sometimes agreements to honor the other country's IP are honored mostly in the breech by developing countries. For example, Dickens was very popular in America, but it did him little good. American presses simply grabbed and printed his books and stories, paying him nothing and completely ignoring his British copyright. China these days is notorious for ignoring IP of all kinds.