seedcorn
Garden Master
I think we have some confusion as to what is and is not protected.
Anyone can use any naturally occuring genes in any plant. No one or company has exclusive rights to these.
What you can't do.
1) Use patented genetic lines in your breeding program. (Don't get me started about "blow-in" pollen and that farce).
2) Insert genes from another source without passing Government standards from every country in world.
3) If you patent a line, give away, or sell seed you have to be able to support how you bred it--breeder companies use "marker" genes so they can identify/trace their work. So if their marker gene shows up in your line, there is only one way to get it, you stole it.
4) When you buy patented seed, you are only paying for the privelege to plant and harvest results but are not given the right to reproduce for seed or use in breeding.
It's really pretty straight forward and simple. It's just in the past, no one sued anyone for stealing their lines (breeder companies went broke right and left, after spending countless dollars on research only to have every Dick, Tom and Harry steal it) until Dupont (Pioneer) did and won. Rightly so in my opinion.
Anyone can use any naturally occuring genes in any plant. No one or company has exclusive rights to these.
What you can't do.
1) Use patented genetic lines in your breeding program. (Don't get me started about "blow-in" pollen and that farce).
2) Insert genes from another source without passing Government standards from every country in world.
3) If you patent a line, give away, or sell seed you have to be able to support how you bred it--breeder companies use "marker" genes so they can identify/trace their work. So if their marker gene shows up in your line, there is only one way to get it, you stole it.
4) When you buy patented seed, you are only paying for the privelege to plant and harvest results but are not given the right to reproduce for seed or use in breeding.
It's really pretty straight forward and simple. It's just in the past, no one sued anyone for stealing their lines (breeder companies went broke right and left, after spending countless dollars on research only to have every Dick, Tom and Harry steal it) until Dupont (Pioneer) did and won. Rightly so in my opinion.