Questions about hybridizing and patents

storey(z8b/9a TX)October 25, 2005

Hi All,

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?

Stephen

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passionflow(8b)

Stephen
I would say that if the patented plant is crossed with something pretty different (a bee could have visited) then of course that would be a new hybrid that could be patented in its own right. If the patented plant has self pollinated though it is unlikely to be different enough to bother with and will almost certainly be inferior as the parent plant will have been selected as the best out of possibly hundreds.

This is the man to ask. In the link below, Dr Les King.
Myles

Here is a link that might be useful: Passiflora Cultivar Registrar

    Bookmark   October 26, 2005 at 2:09AM
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Krstofer(Zone 7 (ish))

I have the Farbatlas Passionsblumen- Sent all the way from Germany. An excellent book- Many pictures to drool over, if nothing else, but recently I have been using it to look up everyone's minimum survivable temp so I can bring in the right crowd this winter.
If you don't have one, and are interested in these plants at all- get it.

    Bookmark   October 26, 2005 at 4:40AM
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kiwinut

Firstly, a quick search shows there are NO patented Passiflora in the US, nor have any patents been filed for any.

In the US at least, a plant patent only applies to a single genotype and its identical clones. All seedlings of patented plants are completely free of any restrictions on propagation, provided they are different in any way. Some seedlings are apomictic, which would be identical "clones", and they would still be protected by the patent. Not only can you patent the seedlings as your own, but even a bud sport of a patented variety can be patented as something new, provided it has some observable or measurable difference.

You are completely free to do as you wish with your seedlings. Just curious which "sterile" variety it is?

~kiwinut

    Bookmark   October 26, 2005 at 4:40PM
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passionflow(8b)

Dear all
Patrick Worley's hybrids Passiflora edulis ÂFrederick'Â, Passiflora ÂQuasarÂÂ, Passiflora ÂGloria MorenoÂ, Passiflora ÂBlue HorizonÂÂ and Passiflora ÂDonna BrighamÂÂ all all trademarked. What protection it gives them I don't know. Like patenting I expect?
I presume it's one of those that you have.

In Europe to my knowledge only two Passiflora have been patented. Passiflora Clear Sky, a great caerulea (which can be sold freely in USA as protection does not apply) & Passiflora 'Eden' which is not widely sold.

To what extent it is worth trying to protect your hybrids I don't know. In Europe quite a long drawn out and expensive process.
Myles

Here is a link that might be useful: Passiflora Quasar

    Bookmark   October 27, 2005 at 2:05PM
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kiwinut

Trademarks protect the names, meaning you cannot give another passionflower the same name, or at least us it commercially. However, you should still be able to propagate and sell them without restriction. In the US, the patent fees alone for a plant patent application will run about $4,200. Yikes!

~kiwinut

    Bookmark   October 28, 2005 at 7:14PM
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robloven

Can anyone tell me about the chromosanal counts of passiflora and tell me where, books or websites, I find info on hybridizing passiflora

    Bookmark   March 3, 2008 at 12:26PM
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