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March 06, 2019

Comments

Kevin:
I am writing to thank you for publishing a purely scientific article in your blog. I know you do this periodically and I always enjoy them, but, being a rose lover, this one is special, so it prompted me to express my appreciation. Any thoughts on patentability issues? Will there be utility patent protection for person-made roses that combine only ornamental traits? Does anyone remember what a plant patent is or a plant variety protection certificate and is either applicable here? Will the 101 police find a way to squelch the joy of creating and patenting a beautiful new variety? I hope not.

Thanks Jennifer - JEM Ag Supply says modified plants can be subject to utility patent protection, so if you could do for roses what people are doing for cannabinoids then yes. Ornamental traits could be subject to PPA or PVPA protection and these also have advantages. And no 101 problems with those types of protection.

Thanks for the comments and thanks

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