creating a new hybrid

[Uncle Dunkel]

Is it illegal to create a new hybrid from an existing patented variety?

If yes any new crosses would have to come from heirloom varieties?

[drew51]

I would like to know that too. I know patents are not forever so at some point, you can use them for sure.

[KarenO]

no, a purposeful cross from a patented hybrid is now a completely different hybrid, and it could just as easily occur naturally so I cannot see how patent law could be applied to the cross. You cannot produce seed to sell or clones to sell of a patented hybrid, that is indeed illegal but for yourself, at your house with no commercial purposes in mind, lets just say you can do whatever the heck you want.
Karen

[travis]

Due to the highly complex nature of most modern hybrid tomatoes (usually comprised of two highly complex parental inputs), a new hybrid created using most modern hybrids as parents wouldn't produce uniform results from the F1 seeds, and therefore wouldn't be a singular, unique cultivar. So, even if you were certified to sell F1 hybrid seeds, you would probably be prevented from selling F1 seed which had an F1 hybrid cultivar as one or both parents.

However, it would be useful in a breeding program to pursue the filial generations of an F1 hybrid created using another F1 hybrid as one parent. And that is exactly how many existing breeding lines and open pollinated cultivars were created. For example, two or three pure breeding lines currently used to produce several hybrids resistant to tomato spot leaf virus were segregated out of the original F1 hybrid known as Amelia.

Another common method is to take an F1 hybrid, grow it's F2 seeds, select one of the F2 recombinations that exhibit sa specific trait, and use pollen that plant as the parent in a subsequent cross. But again, even the seeds from such a cross, using an F2 seed line as a pollen donor, will produce F1 seeds that yield results that will not be 100% uniform.

[travis]

Originally Posted by Uncle Dunkel

Is it illegal to create a new hybrid from an existing patented variety?

If yes any new crosses would have to come from heirloom varieties?

I read this too fast and sort of missed the exactness of the question.

Yes, it is a patent violation to use a PVP as a parent to produce F1 seed, without the written permission of the patent holder, if the intent is to sell or commercially profit from the fruit, seeds, transplants, or "clone-able" vegetative parts.

To obtain written permission, if possible, usually requires entering into a seed transfer agreement and paying a hefty royalty or breeder's fee.

[Fusion_power]

Ameila was selfed for several generations resulting in a near homozygous line that expresses the SW5 gene. One of these lines was then used to create a new line combining SW5 with I3 which involved breaking a very tight linkage. This line is going to be used in an effort to stack several more disease tolerance genes into a single line that can be used to make hybrids.

Re using a patented variety as a parent in a cross, legally, you can self a hybrid until it is a stable line and then use that as a parent in a new cross. However, if it involves a GMO gene, the gene itself is patented therefore you cannot use that gene in any breeding work so long as the patent is in force.

[travis]

Originally Posted by Fusion_power

Ameila was selfed for several generations resulting in a near homozygous line that expresses the SW5 gene.

Yes, I said that, just a different way.

[travis]

Originally Posted by Fusion_power

... if it involves a GMO gene, the gene itself is patented therefore you cannot use that gene in any breeding work so long as the patent is in force.

Very good point! Thankfully, there are no GMO tomato cultivars currently available to get us in trouble.

[Douglas_OW]

Originally Posted by travis

Very good point! Thankfully, there are no GMO tomato cultivars currently available to get us in trouble.

Yes, not yet.
All you market vendors might want to be aware of this recent article:

http://www.bbc.co.uk/news/science-environment-25885756

Just in case the Villagers storm your farmstand with torches and pitchforks, let them know that you funny colored, non-red, non-round, non-rubber thingies are indeed naturally growing tomatoes and not some kind of dreaded Frankenfruits. Unless they're looking for magic tomatoes, then tell them whatever they want to hear.

Jim

[NarnianGarden]

LOL. The new GM tomatoes look beautiful, but the common mantra of 'improved nutritional value' sounds really hollow. Tomatoes already are packed with many nutrients and beneficial compounds. Just the same old same old attempts to justify these expensive experiments.

This kind of news cause many people look at darker tomato varieties with suspicion..

[Worth1]

For sale one 4 inch pot filled with soil for $2 comes with free plant.

Worth

[drew51]

Originally Posted by NarnianGarden

This kind of news cause many people look at darker tomato varieties with suspicion..

Some people, I certainly do not. I always loved genetics in college. Awesome!

[Doug9345]

Originally Posted by Worth1

For sale one 4 inch pot filled with soil for $2 comes with free plant.

Worth

That's exactly how I plan on selling any surplus plants I have this spring.

"For sale -- one used styrofoam cup still has potting mix and a variety tomato plant. I'm selling these cups at this price because I don't want to take the time to dump the soil and plant. "

It's how my parents sold mattresses when they where in the used business. They sold the bed and you were free to take the mattress if you wanted to.

[travis]

Does anyone have any snapdragon recipes?

[Fusion_power]

I can easily put my hands on 2 different gmo lines of tomato. One of them was accidentally leaked a few years ago. Another was kept by someone from a breeding company. I do not want anything to do with them, just don't want you to think that gmo tomatoes are unavailable.