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Plant patents
OK guys this leads right into the nonRHS Phal names -- these are the
patented and registered plants. It is not just the US produced plants, many of the Dutch clones have started coming with circle R protection (Al, I forgot the number codes). For all the patented or registered Phals I have seen coming out of the big cloning companies, the patent is on a single plants from a cross and the patent only restricts asexual propagation of that plant. I know this is not the case for genetically engineered corn. One of the first patented Phals that I remember was Phal Golden Emperor 'Sweet' FCC/AOS. If I remember right it was protected from all forms of propagation. If anyone cared I guess they could ask a lawyer. Phal Summer Beach is not right. It should be Phal 'Summer Beach' circle P. Phal 'Summer Beach' is a single plant from the cross of Phal Ken Peterson X Phal Mama Cass. I think Twyford has patents on a couple of plants from this cross ('Lava Glow' might be one of them.) The last time I checked this cross had still not been named, but I need to update my version of Wildcatt. I am guessing with time we will see the number of Phal patents decrease and go away. First, I bloomed out a couple of bottles of Phal Ken Peterson X Phal Mama Cass and have a couple of plants very similar to 'Summer Beach' that could be cloned and sold in direct competition. I am just one grower, I am sure Mark sold bottles to a lot of other growers. From what I have seen, the patented plants are just not that special. I know of three different Baldan's Kaleidoscope being cloned, all are pretty similar, one is patented. Second, and I think the real killer of Phal plant patents is the time required to grow Phals. Lets say I make a cross this year. In 2007 I may start to see the first of the cross bloom. I pick the very best and send it off to the lab while at the same time start the paper work with the PTO. In 2010 the first of the clones are blooming and ready for sale at the door store with all the patent protections. The protection prevents another from buying the plant at the door store and sending it off to the lab. In which case he would have 'near blooming' size seedlings (just out of flask) available for sale in 2011 and plants ready to sell at the door store in 2013. (4 years from cross to bloom and 3 years from start of lab to bloom is very optimistic.) In my book this just does not make good business because at that point the plant would be from a cross a decade old and would have been available in mass number for a couple years already. Pat |
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