Another Heirloom Sweet Potato patented
 

The variety Mahan or Mahon is an old heirloom variety. I have also discovered a sweetpotato here in Oklahoma that has been grown by a man for over 30 years which also appears to be identical to mahon.

Another variety that received a patent was "Stokes Purple" which I don't think is a "New and Distinctive" variety as there was no breeding work on it whatsoever.

I hate it when this kind of thing happens! Patents are out of control

[URL]http://www.freepatentsonline.com/PP20666.html[/URL] mahon

[URL]http://www.freepatentsonline.com/PP17976.html[/URL] stokes Purple

I agree the business of patenting or registering varieties of seeds is getting out of control :x

I think this is ridiculous also. If you actually work on breeding and create something new, ok, I understand wanting to make money from your hard work, but to patent plants like this is very unethical.
Remy

Did you note the name of the person who patented Mahon?

DarJones

[QUOTE=Fusion_power;192336]Did you note the name of the person who patented Mahon?

DarJones[/QUOTE]

Mahon, John A. (310 Third St., Cheraw, SC, US)

Sweet potato farmer, minister and CEO of some charity...

[URL]http://www.medicinenet.com/psoriasis_pictures_slideshow/article.htm[/URL]
[B][FONT=&quot]Sweet potato plant named ‘Mahon Yam’ [/FONT][/B]
[FONT=&quot]United States Patent PP20666 [/FONT]
[quote]A new variety of sweetpotato, [I]Ipomoea batatas[/I], identified as ‘Mahon Yam’ is disclosed having superior eating quality. ‘Mahon Yam’ is characterized by an orange fleshed root that when cooked is sweet, moist and not stringy or fibrous (i.e. creamy). The plant itself is distinguished by unusual leaves for an eating quality sweetpotato, they are seven (7) lobed.[/quote]
[quote]The `Mahon Yam` variety resulted from continuous, rigorous selection and reselection from over 25 years for eating quality, productivity and visually appealing shape. `Mahon Yam` originated from a discovery selection of plants grown from storage root derived sprouts from a group of storage roots received from an old farmer in Chesterfield County, S.C. The name of the parent variety is unknown. After some years, the yearly reselection sweetpotatoes were informally compared to the parent variety from the original farm and found to be a darker orange, more attractive, flesh color as well as being sweeter with a smoother mouth feel. The `Mahon Yam` variety was continued to be cultivated to be improved by further election each and every year until being sent to the NCSU Micropropogation Unit. This particular mutation, the `Mahon Yam` is excellent for eating with a unique leaf shape for vegetable sweetpotatoes. The best potatoes were sent to the NCSU Micropropagation Unit in order to eliminate viruses and pathogens via mericulture clean up. Asexual reproduction: `Mahon Yam` has been asexually propagated via storage roots derived sprouts from continually reselected plants and storage roots since its original selection over twenty-five years ago. Storage and plant selection was done at 310 Third Street, Cheraw, S.C. Each year the most productive, best tasting were selected and the storage roots were separately stored for the next years trials at this location.
[/quote]
Inventors:
Mahon, John A. (310 Third St., Cheraw, SC, US)
Application Number:
12/217597
Publication Date:
01/19/2010
Filing Date:
07/07/2008
Export Citation:
Click for automatic bibliography generation
Primary Class:
[URL="http://www.freepatentsonline.com/CCL-PLT-256.html"]PLT/256[/URL]
International Classes:
[B][I]A01H5/00[/I][/B]
Field of Search:
PLT/258, PLT/256
View Patent Images:
[URL="http://www.freepatentsonline.com/PP20666.pdf"]Download PDF PP20666 [COLOR=#000000][COLOR=blue][IMG]file:///C:/Users/THOSWA%7E1/AppData/Local/Temp/msohtmlclip1/01/clip_image001.jpg[/IMG][/COLOR][/COLOR][/URL] [URL="http://www.freepatentsonline.com/help/topic/pdf-help.html"]PDF help[/URL]
[URL]http://www.freepatentsonline.com/PP20666.pdf[/URL]

Anyone know if Mr. Mahon ever sold slips for this so-called variety, before applying for the patent?

If anyone has record of pre-patent sales, it should be fairly easy to get that one thrown out.

Mahon was available through South Carolina Crop Improvement and through a few other sources over the years.

[URL]http://virtual.clemson.edu/groups/seed/heirloom.htm[/URL]

This link no longer has it listed, but a couple of years ago, it was included. This is from the 2007 listing:
[FONT=Arial, Helvetica, sans-serif][SIZE=2][B][FONT=Arial, Helvetica, sans-serif][FONT=Arial][B][B][B][FONT=Arial, Helvetica, sans-serif][B][SIZE=2][SIZE=2][SIZE=2][SIZE=2][B][B][B][FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif][B][B][FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif][B][B][B][FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif][B][B][FONT=Arial][B][B][FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif][B][COLOR=#ff0000]Mahon Sweet Potato[/COLOR][/B] - [B]We are happy to offer plant of this "personal favorite" HEIRLOOM grown by Dr. Bradshaw. Very vigorous grower and very productive. A rose-colored skin covers rich orange flesh. While there may be slight variability in the flesh color, the flesh is always richly sweet and creamy with very few strings. Many growers have reported white tail deer select other sweet potato varieties to browse, leaving the Mahon potatoes with little damage.[/B][/FONT][/FONT][/FONT][/B][/B][/FONT][/B][/B][/FONT][/FONT][/B][/B][/B][/FONT][/FONT][/FONT][/B][/B][/FONT][/FONT][/B][/B][/B][/SIZE][/SIZE][/SIZE][/SIZE][/B][/FONT][/B][/B][/B][/FONT][/FONT][/B][/SIZE][/FONT]

I would be interested in finding out if Mr. Mahon is the original source of the sweetpotato in question. This patent may be a legitimate effort to prevent someone else from stealing a plant variety. In other words, the patent is to protect something that was at risk of being nicked by one of the big companies. On the other hand, it could just be opportunism.

DarJones

The problem is, it's too late now...once it has been sold, all bets are off. It shouldn't have been granted a patent in the first place.

Many varieties are being selected through meristem culture. A case in point is with the Russet Norkotah variety of potato. Many clones are reselected for bigger vines and more yield. Those are highly protected lines. Therefore selections within a variety are more important than the original clone. At one time it was near impossible for one to get Norkotah 3, now it is the about the only one some seed producers sell as certified potatoes.

I suspect that many old time varieties of all types of fruits and vegetables will be protected this way. Those who wish to spend the money will control the industry.

So this guy takes Mahon into a tissue culture lab and cleans it up getting rid of virus and mycoplasma. Then he patents the resulting cultivar? That sounds pretty fishy to me. It leaves the door open to anyone doing meristem culture claiming that a cleaned up clone is patentable.

DarJones

Time to nip it in the bud...patent trolls are patent trolls, no matter where they are found.

We need to educate a few folks on basic botany...maybe some rudimentary genetics, too...and it looks like the USPO needs to be pretty darn high on that list. Followed by most US justices (especially Circuit Court ones).

I received my Mahon from SC WI R. who received it from Dr Bradshaw, who apparently found it and named it several years ago. I have it listed on my website as Mahan, but will probably change it to [I][U]Bradshaw[/U][/I] as some other people have done, so as not to risk Confrontation


At about the same time I received an unknown heirloom variety from an older gentleman here in Oklahoma that had grown his variety for over 30 years, he received it from a neighbor that had grown it years before that. After growing it out, I found it to be identical to Mahon.

The description in the patent describes the variety I have (and I must say) is one great tasting sweetpotato..BUT this "new" Mahon it is NOT a [I][B]new and distinctive cultivar[/B][/I] as the Patent says!

Another variety that was awarded a patent was the "Stokes Purple" another variety that was apparently cleaned up by tissue culture.

Anyone wishing to buy,grow and sell the Heirloom Mahon obviously would still be able to,the problem is there's such a gray area between the tissue cultured Mahon and the heirloom that it would be so difficult to monitor just who's growing what.

[quote=DuckCreekFarms;192394]I received my Mahon from SC WI R. who received it from Dr Bradshaw, who apparently found it and named it several years ago. I have it listed on my website as Mahan, but will probably change it to [I][U]Bradshaw[/U][/I] as some other people have done, so as not to risk Confrontation
[/quote]

If what you received is in fact the same variety that was patented, then distribution
occurred long before the patent application was applied, and thus the patent
is not valid.
Of course, if what was patented is not the same as what you have, then you
don't have anything to worry about! :)

I suspect if you've got good documentation that dates your receipt of the variety,
the patent holder will probably agree that what you have is "different" rather than
admit their patent is not valid.

Win-win for you.

Lee

Just for background, sweetpotatoes are notorious for producing somatic mutations. They usually affect something like color, shape, or growth habit. The variety Puerto Rico consistently produces a mutation that causes blotched color on the outside of the roots. Beauregard is an orange flesh sweetpotato but it has produced at least one white mutant. Growers have to watch for the variants and cull them out before planting for the next season's sprouts. Several such mutants have become successful cultivars in their own right.

DarJones

This is as bad as Harley Davidson trademarking the sound of their motor bikes.

How do you patent a sound.:?

I had a rich woman comment with a big smile on her face after I started My Triumph up with strait pipes "Nothing sounds like a Harley". I told her, "sorry mam, it's a Triumph". She said, "WHAT":shock: :))

But this is a thread about sweet potatoes which happens to be in the potato section of this forum and it isnt a potato but it is in the same order as the potato but not in the same family. It is sometimes called a Yam which it isn't and a Yam isn't even in the same order or family as the potato or sweet potato.:?

The next time you have candied YAMS for dinner you just aint gonna do it, you are having candied sweet potatoes.;)

So what the heck, I wouldn't give two hoots and a holler about any stinking patent on a plant that it seems as though not anyone can figure out what to call anyway.:lol:

What a mouth full:?:

Worth

For those who want a place to purchase plants of Mahon aka Bradshaw, here is one link.

[url]http://www.heavenlyseed.net/[/url]

Also, a previous poster indicated that they would be available through his website next year.

DarJones

yes, here is a direct link to the sweetpotato page

Mahan Sweetpotato

[URL]http://duckcreekfarms.com/pdfs/SweetPotatoCatalog2011.pdf[/URL]

I am the provider of this potato to many in the garden forums network. I also list this potato with SSE. I recieved the potato in 2001 from Dr. David Bradshaw who is now retired but was a horticulture professor at Clemson University. I don't recall if Mr Bradshaw every stated where he recieved the potato from but he did state he had grown it for a while and it was hands down the best sweetpotato he had ever grown. Mr Bradshaw started and maintained the Heirloom garden in Clemson SC at the South Carolina Botanical gardens. He also offered this potato along with many other heirlooms from his seed collections as part of an heirloom program at Clemson. With budget cuts the University drop his seed line but Mike Watkins who recently retired from the seed lab at Clemson is continuing Mr Bradshaws heirlooms seeds and the Mahon Sweetpotato renamed Bradshaw sweetpotato. Mike started his own company heavenly seeds after retireing and has permission from Mr Bradshaw to continue selling his varieties. After being made aware of this I have sent an e-mail to Mr Bradshaw and to Mike along with copies to the pat. link. It is possible the man that patented this sweet potato is the same person that gave the original potato to Mr Bradshaw since he is from SC and his name is Mahon. I will let ya'll know when I get an answer. Rodger

Thanks Rodger

I'm anxious to hear what Dr Bradshaw has to say

gary

The company that proclaims itself as the world's largest producer of hybrid vegetable seeds has patented a grape tomato hybrid designated as EX01419137. According to the patent information, available on the internet, the parents of this hybrid were both developed by selfing 'Santa' to get two stable op lines, which were then crossed to make the new hybrid. Looks like they just reinvented the wheel and claimed rights to it for themselves. Any thoughts?

Thanks, Randy.

I am reading the many pages that support this patenting.

I need to read more before I can make sense of it. For others, please read from this link:

[URL]http://www.freepatentsonline.com/7829768.pdf[/URL]

Seminis Seeds ...part of Monsanto and has been for 6 years

Hmm...let's see....patenting the inbred tomato lines CHD 14-208 CHI 14-2079, both of which are stable Santa derived clones. These are compared to your NC1C, Randy, which is also derived from Santa......which makes me wonder if you have grown either of these patented lines so similar to yours.

I have true breeding lines of Santa and breeding lines out of NC1C hybrids. Where does that put me? At odds with all kinds of patents?

Tom,
NC 1C is a cherry tomato line I released several years ago as the parent of the F1 hybrid cherry tomato 'Mountain Belle' and has no parentage coming from 'Santa'. I developed and released three grape tomato lines NC 1,2, and 3 grape that do include 'Santa' in their pedigree but also have genetic material coming from other sources and are distinct in plant and fruit traits from 'Santa' and the lines developed from just selfing 'Santa'. The fact that numerous people have saved seed from 'Santa' and found the resultant lines to be so similar as they are to 'Santa' indicates that there is little genetic diversity in the parents of 'Santa'. The main difference seems to be that one parent of 'Santa' is determinate and the other is indeterminate. Seed company breeders routinely self popular hybrids to develop inbred lines and then cross them to come up with a new hybrid that they hope is as good or maybe superior to the previous hybrid from which it was derived. They do this because they are under pressure to develop new hybrids very quickly, which can compete for seed sales with existing hybrids from other companies. Seed companies are generally very tight lipped about the source of genetic material in the new hybrids they develop, but in instances where they apply for patents or PVP certificates and have to provide a complete pedigree, information comes out regarding how much use they are actually making of lines and varieties developed by others. I do not support plant patents that attempt to restrict other breeders use of genetic material in developing new hybrids, especially not when the patented line or variety is derived completely from the background of something some one else has developed.

TO follow up on my last post. I heard back from Mike Watkins owner of Heavenly seeds and the Mahon sweetpotato mentioned is in fact the same potato. Mr Mahon gave Dr Bradshaw some slips of his potato years ago 20+and Dr Bradshaw named the variety Mahon after the man who gave it to him. The potato that is patented is the strain that has been cleaned up by NC University so no problems with distributing what is already out there only the cleaned up (no disease etc) is patented for commercial sell. Rodger

I broke down the patent for the santa derived monsanto tomato. There are only 3 chromosomes difference between the two inbreds they developed. You can get to that level of detail by looking at the recessive traits listed in the patent application.

This constitutes the most egregious misuse of patent law that I can imagine. It amounts to one company tweaking another companies variety and patenting the result.

DarJones

So sending an heirloom to a lab for theropy/virus indexing to remove a possible virus/disease makes it new and distinct and patentable ....What will they think up next!

As a sweetpotato collector, I have looked into sending some of my varietes to a lab in Californina to do just that. They will do it for about $300.00 per plant. I was thinking about having it done just to have a better product to sell. the problem is that you have to do the theropy about every year to keep the stock clean, or grow the mother (first generation) stock in an screened, insect proof greenhouse.

Here is a contact for the sweet potato center at LSU. I have sent an email and will post the reply here re availability of Evangeline for this season.

DarJones

[url]http://www.lsuagcenter.com/en/communications/authors/TSmith.htm[/url]

It will probably be early Febuary before they will give you an availabilty. they will supply Lousiana growers first and what's left over will go out of state.