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Old April 7, 2016   #66
RandyG
Tomatovillian™
 
Join Date: Apr 2009
Location: western North Carolina
Posts: 84
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If you have bred a truely unique OP variety that combines traits not present in other varieties to create a new product, you can get a utility patent to protect your variety. PVP is expensive and does not provide much protection for what it costs.

The other route, as several people have mentioned, is to develop only F1 hybrids that you market the seeds or plants directly or have a signed contract with one or more commercial seed companies to produce and market your hybrids with a specified royalty returned to you for seed sales. I know some people are against hybrids, but they give protection and monetary returns to the variety developer and are the ultimate starting point for another breeder to begin development of new varieties, either OP or hybrids. I am breeding tomato hybrids with the fasciated gene common in many heirloom tomatoes in the whole range of dfifferent fruit colors with and without stripes on the fruits and am incorporating disease resistances, with emphasis on late blight resistance. Once these reach the market, they will be available for any of you to use in your breeding to create new varieties.
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