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market-farming - Re: [Market-farming] saving, growing, selling seed

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  • From: Bill Shoemaker <wshoemak AT illinois.edu>
  • To: "Market Farming" <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] saving, growing, selling seed
  • Date: Mon, 7 Sep 2009 14:50:19 -0500 (CDT)

The only patented genes I'm aware of are genes used in genetic engineering.
This is different than patented varieties, where the genes can be separated
and used through classical breeding methods. If a variety has a protected
gene in it, the packaging and commercial descriptions of the variety will
include language about the gene, declaring its protected status. For example,
the list of Monsanto varieties posted earlier on this list as being drpooed
by Fedco did not include any with protected genes. They were just varieties
that are now owned by Monsanto. But as I think about it, many of them must
have expired patents. Marketmore 76 cucumber and Earli-Dew melon have been
around for more than 20 years, which I believe is the lifetime of these
variety patents.

Bill

> True but how is one to make sure there isn't a
> patented gene in the mix unless you have a pretty
> sophisticated lab and extensive resources to
> determine it isn't? Even if there isn't one an Ag
> corporation could claim there is if it came from
> their seed and unless you can definitively prove
> there isn't the courts would probably side with
> them. At the very least they could harrass you to
> death. Of course they would have to have found out
> what you did. It seems unfair to have to hide what
> you did legally but that would still be the best
> policy I would think. Its still risky.
>
> >I think that approach, using backcrossing to adapt
> a >hybrid to your specific production region, is
> legitimate >and legal, unless their are patented
> genes involved. >Patented varieties and patented
> genes are quite different. >Once you use classical
> breeding to change a patented >variety, the
> offspring are no longer that variety, hence no
> >longer covered by the patent. Unless, of cours, the
> >offspring have a patented gene in their genetic
> profile."
>
> >Bill
>
> ____________________________________________________________
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William H Shoemaker, UI-NRES
Sr Research Specialist, Food Crops
St Charles Horticulture Research Center
535 Randall Road St Charles, IL 60174
630-584-7254; FAX-584-4610




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