I see their is debate as to whether plant genetics can be patented. They can - as long as tehy meet certain requirements - for example, the plant cannot already be a commonly available plant variety, the plant cannot have been offered for sale for at least one year prior to the patent application, and, most pertinent to this conversation:
Of course, there is illegal, and then there is immoral. I personally feel like if you hybridize someone elses plant, you dont even ove them a mention, look at how many seed banks claim 'unknown genetics' or 'a mystery (indica/ruderalis/sativa)' as part of their breed's lineage?
http://www.uspto.gov/patents-gettin...ications/general-information-about-35-usc-161
- That the plant is not a plant which is excluded by statute, where the part of the plant used for asexual reproduction is not a tuber food part, as with potato or Jerusalem artichoke.
Of course, there is illegal, and then there is immoral. I personally feel like if you hybridize someone elses plant, you dont even ove them a mention, look at how many seed banks claim 'unknown genetics' or 'a mystery (indica/ruderalis/sativa)' as part of their breed's lineage?
http://www.uspto.gov/patents-gettin...ications/general-information-about-35-usc-161