Member discussion regarding the methods, varieties and merits of growing tomatoes.
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March 11, 2022 | #46 |
Tomatovillian™
Join Date: Mar 2016
Location: SF Bay Area
Posts: 219
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There is more than one "Serrano" chile. I grow Serrano Tampequino, for which seeds are available at multiple sources, as are seeds for open-pollinated "generic" Serrano chile. So I do not know why you have not been able to find OP seed. Looking at a couple of on-line shops, I see that seed is readily available as of tonight.
As for "one of the big seed companies ... trying to patent serrano peppers", that could happen only if a NEW variety had been developed, that was distinct from existing varieties. NO-ONE can get a patent on an heirloom plant that has been around for decades if not centuries, at least not in the US. But if someone put the effort into successfully developing a new variety, then good for them, and if they wanted to patent it, so be it. We all have options, and no-one is forced to buy a patented variety. I should have written that I cannot find seeds offered on the websites where I prefer to purchase seeds. Thanks |
March 11, 2022 | #47 | |
Tomatovillian™
Join Date: Aug 2021
Location: Coastal CT, zone 7a
Posts: 162
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March 11, 2022 | #48 | |
Tomatovillian™
Join Date: Feb 2006
Location: Hampton, Virginia
Posts: 1,329
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scientific operations and administrative resources as only I found Hypers Tomatoes Patent by using Amish Verities, that I personally found unfair, as compensation should have been given to Amish people. But I suffer from Dyslexia and I see the World, People, and Our Laws Different without Rose Covered Glasses. I can clearly see the true Victim and I see all Tomatoes Hybrids Patents clearly seeing the Amish people Tomatoes and not being compensated. As their Heirloom Variety Like their Past tomatoes were largely used without compensation nor Notification of patents. But granted as a genetically modified tomato that is for human Compumtion and Long district travel to markets with a long Shelve Life. I pray I can finally Write my Book one day, Amen!!!!
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May God Bless you and my Garden, Amen https://www.angelfieldfarms.com MrsJustice as Farmer Joyce Beggs Last edited by MrsJustice; March 11, 2022 at 08:52 PM. |
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March 13, 2022 | #49 |
Tomatovillian™
Join Date: Feb 2012
Location: Newfoundland, Canada
Posts: 6,793
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I would like to know more about the patents that have been applied to tomatoes. For example, if there are cases where breeding rights are restricted by patents. (meaning the right to breed new varieties from previously patented OPs).
I realize with Crispr and other gene editing technology, there will likely be patented tomatoes in the future, where the patent also restricts saving of seeds or the use of the plant in breeding. But I would like to know if any patents of this type already existed on conventionally bred OP's or even F1's, that specifically placed a constraint on the use of the plant for breeding. I acknowledge that breeders legitimately use patents to obtain some reward for their efforts, whether the product is an OP or F1. Patents on distribution rights to an OP which a company created, seems legitimate. But IDK if any existing patents also are intended to prevent the use of one plant as a parent for a new OP tomato. |
March 13, 2022 | #50 | |
Tomatovillian™
Join Date: Aug 2021
Location: Coastal CT, zone 7a
Posts: 162
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If you look at some of the current patents on newly developed inbred lines, the claims seem to usually include a claim to offspring of the parent. So this would protect at least the immediate progeny (first generation, whether OP or a hybrid F1), and thus would prevent use of the patented inbred in a breeding programme for the term of the patent, i.e., usually 20 years. |
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March 13, 2022 | #51 |
Tomatovillian™
Join Date: Feb 2012
Location: Newfoundland, Canada
Posts: 6,793
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Thank you DK2021. I was not aware that recent OP's are protected in that way.
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March 14, 2022 | #52 | |
Tomatovillian™
Join Date: Aug 2021
Location: Coastal CT, zone 7a
Posts: 162
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The theory behind patent rights is that the patent, once granted, gives the inventor the reward of a temporary monopoly. In return, the patent is published (and nowadays is usually published much earlier, as a pending patent application) and therefore adds to public knowledge. Quid pro quo--one cannot have a patent and also keep the invention secret. I often counsel clients that a patent should not necessarily be seen as a roadblock, but as an invitation to improve upon, or invent around, what is disclosed in the patent. |
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March 15, 2022 | #53 |
Tomatovillian™
Join Date: Feb 2012
Location: Newfoundland, Canada
Posts: 6,793
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Yes DK2021, I have sometimes brought up patents in searches for information about natural dyes, for example, which contained lots of useful information - at least for a home process not a commercial rival. It is an interesting place to look for inventions that are 'made public'.
On the subject of plant patents though, I did a search this morning and learned that in Canada you do not have the right to restrict the use of the plant in breeding. The patents are only applicable to obtain royalties from the sale of seeds or propagating material for up to 20 years, subject to an annual renewal fee. It is also stated that as mentioned earlier in this thread, the patent applies only within Canada. https://inspection.canada.ca/plant-v.../1335969867075 Exceptions to plant breeders' rights Plant breeders' rights do not restrict anyone from using the protected variety for
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March 15, 2022 | #54 |
Tomatovillian™
Join Date: Feb 2006
Location: Hampton, Virginia
Posts: 1,329
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By me studying Trademarks and Patents, I was surprised and happy at the same time. I was happy that Cambells' shared their tomatoes with the Public as my Grandmother grew them telling me as a child my Great Grandfather grew tomatoes as tall as her House. As a child, I did not realize your food was being Hybrinited and she was describing Heirloom Tomatoes he grew in front of Fort Monroe. The only thing I did not like or understand in the Patent Seeds was that Amish verities were used to create the hybrid. Trying to seed by weeks of reading if Native Americans and Amish people were compensated. I decided to go with a Trdemake as I wanted the Farm and its history of Shepard Mallory Safe and Protected. To me, that was all the Patenting type I needed.
I guess Pro'se like me, look at the Laws with Open Eyes for Protection of the American People as a whole-body, especially from a historical point of view, Amen!!. Farmer, Joyce Beggs of Angel Field Heirloom Tomatoes.
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May God Bless you and my Garden, Amen https://www.angelfieldfarms.com MrsJustice as Farmer Joyce Beggs Last edited by MrsJustice; March 15, 2022 at 01:17 PM. |
March 15, 2022 | #55 | |
Tomatovillian™
Join Date: Aug 2021
Location: Coastal CT, zone 7a
Posts: 162
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In the US you can get IP protection for plants in three ways: 1. utility patent (the type I mostly deal with), 20-y term, IP rights depend on what is recited in the claims (can have many claims); can include protection of both an OP/inbred parent and its progeny (assuming these are recited in a claim); administered by the USPTO; receives a US Patent Number when granted. 2. plant patent - also 20-y term; protection limited to a single claim that describes the new plant variety; limited to cloned (vegetatively or asexually reproduced, e.g., by budwood, rhizomes, rooted cuttings) plants (with the exception of tubers that are also food, like potatoes, and wild-collected plants); hybrids that can be obtained only by sexual reproduction cannot get a plant patent, but they can be protected with a utility patent; administered by the USPTO; abbreviated "PP" (Plant Patent) or "PPAP" (Plant Patent Applied For) https://www.uspto.gov/patents/basics...out-35-usc-161 3. plant variety protection (PVP) - 20-y term (25-y term for trees and vines); used for seed propagated (sexual reproduction) varieties and potatoes and other edible tubers; administered by the USDA's PVP Office; PVP Certificate issued, not a patent. https://www.ams.usda.gov/services/pl...ety-protection Plant Breeders Rights (PBRs) are equivalent in the US to PVP protection, and there is a breeders' exemption to allow use of a PVP plant as breeding stock in the development of a different variety and/or for research purposes. Be aware that one can have both a patent and a PVP on the same plant variety. |
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March 15, 2022 | #56 |
Tomatovillian™
Join Date: Aug 2021
Location: Coastal CT, zone 7a
Posts: 162
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An addendum, as I only just realised that you are in Canada: In Canada you cannot patent a plant per se, but you can get claims to a plant cell, and those claims (if granted) may in some cases be about equivalent to a patent on a plant that contains such a plant cell.
I can recommend this firm specifically for Canadian plant IP: https://www.smartbiggar.ca/insights/...lant-varieties |
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