Google is not a verifiable source for plant patents. Too much misinformation.

Rely upon real journals. Or, alternatively, go to the Huntington Library in Pasadena, where the breed originated. Every single one has a HUGE GREEN METAL TAG that says "Protected by the Plant Patent Act, Unauthorized Propagation is Illegal."

"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"

You're not even aware of the method which is used to create the strain. Characteristics of the rose don't simply 'transfer' like that.

"We are discussing the ownership of specific genes, such that no one can legally make seeds using your plants."

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

You don't have a clue what you're talking about. Most of these are made by grafts and you cannot create by cross-pollination. Are you even familiar with how we do grafting for characteristic transfer? It simply doesn't work by breeding it, you HAVE to graft it.

Trying to argue about this is pointless. The simple fact is genes can be patented, or the methods of inserting said genes into a plant can be patented. As patents go, Machine or Transformation is the litmus test. Transformation is what makes this litmus test stick.

If you don't like the laws, then fight to change them. Maybe you'll understand how the system works when you have a few patents under your belt.