Let us say that I am a pigopoloist, and turn up demanding royalties
from you for every rose you sell, because I have retrospectively
patented the genus Rosa. That isn't far off what has been going
on, and what the extortionists want more of.

Our statute reads:
"Whoever invents or discovers and asexually reproduces any distinct and new
variety of plant, including cultivated sports, mutants, hybrids, and newly
found seedlings, other than a tuber propagated plant or plant found in an
uncultivated state, may obtain a plant patent therefore"

Few plants are worthy enough to make the investments necessary to obtain,
market and protect the patented material.

Cheers from sunny New England,
Mark