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"Legalization" leading to monopolies on genetics?

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    #16
    They can patent anything from leaf shape to smell with utility patents (PVP). All you have to do is grow the plant out once to be eligible to apply for a patent. This has been an ongoing problem in the breeding world for a very long time. This is why we see things like the Open Source Seed Initiative (OSSI) being created to create a legal safe guard for the public. In terms of creating a public commons for genetic material for the future of breeding. I know there have been initiatives in the cannabis world around this as well. I think Frank Morton from Wild Garden Seed puts it best in his articles online. Here are the links:

    Plant Patents on Common Vegetables

    What if you knew that 90% of the lettuce in salad mix that you eat is from lettuce varieties that corporations hold a utility patent on? Fuck Salanova!

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      #17
      Originally posted by Radicle Rye View Post
      They can patent anything from leaf shape to smell with utility patents (PVP). All you have to do is grow the plant out once to be eligible to apply for a patent. This has been an ongoing problem in the breeding world for a very long time. This is why we see things like the Open Source Seed Initiative (OSSI) being created to create a legal safe guard for the public. In terms of creating a public commons for genetic material for the future of breeding. I know there have been initiatives in the cannabis world around this as well. I think Frank Morton from Wild Garden Seed puts it best in his articles online. Here are the links:

      Plant Patents on Common Vegetables

      What if you knew that 90% of the lettuce in salad mix that you eat is from lettuce varieties that corporations hold a utility patent on? Fuck Salanova!
      Even in the States you can't patent seeds or cultivars of plants. You can only patent a clone!

      You misunderstand the difference between plant patent and utility patents.

      Cannabis Plant Patents and Requirements for Plant Patents (natlawreview.com)


      Plant patents are different than utility patents. Utility patents are granted to anyone who invents or discovers a new and useful process, machine, article of manufacture, or composition of matter. Plant patents are granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Plant patents were traditionally granted on useful sports that could be propagated by cloning — such as an early-flowering fruit tree or a new-colored rose.

      Plant patents provide much narrower protection than utility patents. A utility patent gives its owner the right to prevent anyone in the US from making, using, selling, offering to sell, or importing the claimed invention. A plant patent gives its owner similar rights, but only for clones of the patented plant. In other words, a plant patent does not cover plants grown from seeds of the patented mother plant.

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        #18
        Originally posted by Rider420 View Post

        Even in the States you can't patent seeds or cultivars of plants. You can only patent a clone!

        You misunderstand the difference between plant patent and utility patents.

        Cannabis Plant Patents and Requirements for Plant Patents (natlawreview.com)


        Plant patents are different than utility patents. Utility patents are granted to anyone who invents or discovers a new and useful process, machine, article of manufacture, or composition of matter. Plant patents are granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Plant patents were traditionally granted on useful sports that could be propagated by cloning — such as an early-flowering fruit tree or a new-colored rose.

        Plant patents provide much narrower protection than utility patents. A utility patent gives its owner the right to prevent anyone in the US from making, using, selling, offering to sell, or importing the claimed invention. A plant patent gives its owner similar rights, but only for clones of the patented plant. In other words, a plant patent does not cover plants grown from seeds of the patented mother plant.
        I believe that this article is focused on current legal precedent of cannabis patents. It is a lawyer journal reporting strictly in a legal context within the confides of federal cannabis patent law.

        My first response was from the context of cannabis under USDA control Federal Legalization, just to be clear. I am talking about the future of cannabis here and drawing comparison to what has happened inside the vegetable/grain/fruit breeding world.

        Check out this hemp patent then and you can clearly see that it expressly states in the first sentence "sexual reproduced" as a patent protection . On the 4th page you can see the whole breeding map and how the patent was pulled off of a commercial seed lot, NOT A CLONE after selecting two f2 clones and selfing one.

        HempHURV19PANplant patent certificate and application

        The article I linked to in my first post talks about how corporations have placed utility patents on plants due to its novelty. Like Salanova lettuce varieties. They have a utility patent on the seeds you buy because of the leaf structure of the lettuce head. All the leaves grow essentially the same size. They literally have 2 utility patents that if they want to pursue ($$$) could end your breeding project because of your lettuce leaf shape and/or resistance to disease. Here are the patents:

        Salanova Utility Patent for Leaf Shape

        Salanova Utility Patent for Aphid Resistance

        Now that cannabis is in the realm of Agriculture with legalization we need to start looking at how corporations have used these "tools" to hoard genetics on pretty much every thing a farmer could plant. Here is the whole list of patents placed on crops within the USA.

        Plant Patent List - USDA

        Hope this clears some things up!

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          #19
          LOL sure buddy legalizing cannabis is a giant conspiracy by corporations to make money from it! Better run and hide chicken little "they" corporations are coming to steal farmers seeds.
          I grew up on my family's farm and we thrived because we bought our seeds every year that produced a lot more and better vegetables then our neighbours "heirloom" seeds. BTW its the same with cannabis legal producers like 34 street is miles above most of the crap seeds you buy illegally both in buzz and yield. Good luck buddy and remember the only constant in this reality is change.

          You can buy heirloom seeds online its only "NEW" GMO and clones of Sports that can be patented.

          Point is existing cannabis cultivars cannot be patented only GMO and Sports ergo there will be no monopoly, Its like coke you can patent the name coke but not the ingredients you use to make it.

          BTW the plants patent list has every plant you can grow and most have multiple patents but none of them own the plants just the sports they have patented. If you were right and you could own the patent on a plant like corn why is there been over 1500 patents issued?
          Last edited by Rider420; 04-11-2021, 13:53.

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            #20
            Originally posted by Rider420 View Post
            LOL sure buddy legalizing cannabis is a giant conspiracy by corporations to make money from it! Better run and hide chicken little "they" corporations are coming to steal farmers seeds.
            I grew up on my family's farm and we thrived because we bought our seeds every year that produced a lot more and better vegetables then our neighbours "heirloom" seeds. BTW its the same with cannabis legal producers like 34 street is miles above most of the crap seeds you buy illegally both in buzz and yield. Good luck buddy and remember the only constant in this reality is change.

            You can buy heirloom seeds online its only "NEW" GMO and clones of Sports that can be patented.

            Point is existing cannabis cultivars cannot be patented only GMO and Sports ergo there will be no monopoly, Its like coke you can patent the name coke but not the ingredients you use to make it.

            BTW the plants patent list has every plant you can grow and most have multiple patents but none of them own the plants just the sports they have patented. If you were right and you could own the patent on a plant like corn why is there been over 1500 patents issued?
            If you don't think corporations are in favor of legalizing cannabis to make money then you have lost the plot. Maybe you should look on the stock exchange and diversify your retirement with cannabis corporation stocks. I think you need to understand the breeding terms that you are using.

            Heirloom variety = open pollinated and stabilized for 50 years +
            Hybrid = two open pollinated varieties crossed
            F1 commercial hybrid = two inbreed lines crossed
            GMO = rDNA CRISPER technology
            Sport = Is a loose term to describe a plant or a branch in a certain population that has some special characteristics. Its original use was in the world of fruit trees. All the elite clones could be considered sports.

            If you would look at the hemp patent that I linked in the previous post, you will see that that particular variety was derived from one variety KC VIRTUS and from selection through 2 generations. They are claiming a new variety simply on selection and of a previous variety. So a new variety can come from simple selection off of an heirloom variety. All they have to do is claim "novelty".

            To be clear Coke is a registered trade mark for the sake of branding and has nothing to due with plant patent protections. Obviously you can't own corn as a whole. But you sure as fuck can't start a breeding project with BT corn and think that you are not going to get a letter from Bayer telling you to stop.

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              #21
              EU says no... https://www.europarl.europa.eu/news/...end%20products.

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                #22
                Here is another article to illustrate the impact these patents have already created on public breeding programs and small seed companies in the vegetable world.

                https://civileats.com/2020/09/11/op-...eed-companies/

                Comment


                  #23
                  Originally posted by Radicle Rye View Post
                  Here is another article to illustrate the impact these patents have already created on public breeding programs and small seed companies in the vegetable world.

                  https://civileats.com/2020/09/11/op-...eed-companies/
                  The article is just about patents in the USA though right?

                  Comment


                    #24
                    Originally posted by El Timbo View Post

                    The article is just about patents in the USA though right?
                    Yes. The EU has much better laws in regards to all of this. I have been talking in the realm of USA patent laws only.

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                      #25
                      Originally posted by Radicle Rye View Post

                      Yes. The EU has much better laws in regards to all of this. I have been talking in the realm of USA patent laws only.
                      Ok - so what about other parts of the world?


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                        #26
                        It is really complicated because of national policy as well as global trade policy have impacts on plant patents. You also have multinational corporation operating globally and obtaining patents in specific countries. This is where it starts getting out of my purview. If you are really interested you should check out:

                        Open Source Seeds EU
                        Organic Seed Alliance
                        Open Source Seed Initiative

                        Hopefully someone at one of these places can help you out.

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                          #27
                          There is also a global open source seed intiative GOSSI here is the link:

                          https://www.opensourceseeds.org/en/gossi

                          These might be the people you want to talk to EL Timbo for a global context

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                            #28
                            Smoking a joint laughing at the conspiracy nuts, yup they are coming for your guns and seeds. KARMA can be a real bitch and living in fear is your reward.

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                              #29
                              Originally posted by Rider420 View Post
                              Smoking a joint laughing at the conspiracy nuts, yup they are coming for your guns and seeds. KARMA can be a real bitch and living in fear is your reward.
                              LOL...I'm on the karma payment plan listening to FEAR - I don't care about you....what a great reward.

                              Comment


                                #30
                                Your a fearmonger who believes in conspiracies. Your telling people that legal cannabis is a bad thing! Your racist in the fact that most people who get busted for cannabis are black. Your putting your ridiculous fears about seeds ahead of people lives!!! Get a clue!

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