> Can I propagate or breed the Firefly Petunias? Our Firefly Petunias are protected under patent, and as such, propagation and breeding are not permitted. These petunias are sold exclusively for personal use.
Good luck to them with that. If these plants in real life are anything like in the videos, they will be grown and sold world wide in massive amounts and nobody will give a hoot about some patent.
Some of the best tomato seed varieties are often patented, e.g. F1 hybrid sungold tomatoes (though reproducing those is also annoying because they are a hybrid and people generally want seeds.) There are groups[0] which try to make varieties as heirlooms (i.e. collect-and-plant) seeds that are copyleft licensed[0].
For another interesting example of recent plant developments, Norfolk Plant Sciences developed purple tomatoes and recently began selling seeds of them. Unlike other purple tomatoes (of which there are only a few) these have purple meat inside, incorporating a gene from snapdragon flowers, which also keeps the tomatoes good longer. They are patented, $20 for just 10 seeds.
Another small company, Baker Creek’s “Purple Galaxy” tomatoes, has been suspected of re-selling Norfolk's purple tomato seeds and recently stopped selling them due to 'low stock' (suspected cease-and-desist) - as a minor controversy in the gardening community last week, though allegedly Baker's Creek is a white nationalist group so YMMV on whose side you want to take there.
Anyway, plants are fun!
I'm familiar with this, but it sounds like you might know more details. Do you really mean "re-selling"? I'd presumed that the accusation was that they were planning to sell a cross-bred plant that involved genes from the patented variety, but my search attempts on the tomato forums weren't very successful. Is there a better "inside scoop" story out there to be found or is it all guesswork at this point?
[0] https://www.reddit.com/r/gardening/comments/1akcwog/this_loo...
Is NHP's Purple Tomato related to the "Purple Galaxy"?
We have received many questions about the purple tomato marketed by Baker Creek as “Purple Galaxy” in their 2024 catalogs. We understand from Baker Creek that they will not be selling seeds of this variety. Given its remarkable similarity to our purple tomato, we prompted Baker Creek to investigate their claim that Purple Galaxy was non-GMO. We are told that laboratory testing determined that it is, in fact, bioengineered (GMO). This result supports the fact that the only reported way to produce a purple-fleshed tomato rich in anthocyanin antioxidants is with Norfolk’s patented technology. We appreciate that Baker Creek tested their material, and after discovering it was a GMO, removed it from their website.
https://www.norfolkhealthyproduce.com/faqs
Also, someone in your linked thread also confirms 1) they are not F1, 2) will breed true, and 3) personal and community seed saving is allowed. I already got my packet in the mail---now just need to wait for all the snow to melt!
It'll be interesting to see if/how they try to lock it down genetically, I think it's possible to make the plants unable to produce seeds, but propagation is trickier. Monsanto might have some tips for them.
@GP: Yes, but what does the law say about transhuman rights? At what point has one added/removed things that they’re no longer a natural person?