Quote Originally Posted by killerweed420
It is a patent on a cannabinoid which amounts to the same thing.
no it doesn't. a patent on a plant like monsanto has on their plants would make is illegal for you to breed using their plants.



Quote Originally Posted by khyberkitsune
If you want to know the particular type of rose I am talking about, it is called 'Dream Come True' and it is a yellow rose with pink-tipped petals.

This ends our regularly scheduled educational quip. Back to you, David.


First off, goggle says that your "dream come true rose" is,

"Patent Information:
Non-patented"



Second off, when you patent a plant in the manner you are talking about, anyone is allowed to use your patented rose to create new rose hybrids. This is hardly what's being talked about in this topic. We are discussing the ownership of specific genes, such that no one can legally make seeds using your plants. This is what Monsanto does. Take a some Monsanto GM plants with Monsanto patented genes in them, start making your own seed stock with it, and then start selling it, or just make your own seeds for future crops, see how far you get.


You don't own the genes in your "patented" variety of roses and I can use those roses to breed all I want.






And finally, you can only patent plants in this manner when you've created them yourself, or discovered them, and those plants have not been available to the public in anyway, or would not be an obvious cross that a skilled breeder would make.


In other words, all the cannabis plants that are currently out in the market could never be patented. All obvious crosses between them could never be patented.


And then, as if all that wasn't enough, the fact that you could still legally have people making seeds from your cannabis (unlike when Monsanto owns the genes you are buying), that fact that you couldn't patent any cannabis currently out there as its part of the public domain, the fact you couldnt just make a cross of publicly available cannabis...the Patent office won't even entertain patents for cannabis anyway, so it doesn't even matter.