Questions about hybridizing and patents
I don't want to delve too deep into legal issues yet, but I'm curious about defining the step at which a new hybrid is far enough removed from the parent varieties to be classified as new and not covered under the original plant patent (F1, F2, ... F50). One of my 'sterile' passie hybrids set seed and I have a few seedlings coming up. Now I understand it is completely legal to propagate patented plants sexually, but how many generations/characteristics need to separate the new plant from the original before it can be called a new hybrid and not just a variant?
Convoluted and long-winded as always :o) - but any ideas would be welcome?