|
|
'The Petite Knock Out Rose' Reviews & Comments
-
-
|
The utility application originally had 14 actionable claims in it. Yes, 14. Gluttony in a single application. The USPTO had argued against many of these claims. It is now at 9 of its 14 original claims, some of which would be covered in a basic plant patent.
They tried to abuse the system imo, and the system was not having it. The entire saga is on USPTO for anyone to read, but I do warn any of you that it is a very long and winding series of exchanges over several years.
Sorry, Meilland, you are not Monsanto. You dont have that kind of economic clout to push your weight around in society with, lol.
I have to wonder if Home Depot and Lowe's know they carry a product most of their customers would not agree with the ethics over.
|
REPLY
|
Reply
#1 of 2 posted
20 MAY 22 by
 Plazbo
|
It's kind of funny they went to the effort as the plant is now being sold in Australia
zepeti.com.au
pbr search shows it was applied for back in 2020
pericles.ipaustralia.gov.au/pbr_db/plant_detail.cfm?AID=39071549
utility patent doesn't really have an equivalent here.
|
REPLY
|
|
Even more funny that Pink Sunblaze (2022) is possibly a sister seedling of it. How does that work?
Utility patents were never intended for roses. They are intended for food and ornamental crops produced through generations of selective selfing techniques where they are nearly pure strains. Roses, on the other hand, are highly intolerant of selfing at complex levels. Especially at the generations (10-12) utility patents were intended for. This is for plants like wheat, ornamental annuals, and so on.
|
REPLY
|
-
-
|
Per a post by Star Roses on Houzz - Garden Web Roses Forum, January 27, 2020:
"Star® Roses and Plants
The Petite Knock Out® Rose ('Meibenbino’ PP 30,811) will be the first rose covered by a U.S. Utility Patent, which protects the introducer by restricting any party from hybridizing with it. Whereas a standard plant patent restricts propagation, a utility patent restricts much more. Breeding, propagation, reproduction from or development of this variety is strictly prohibited with a utility patent. Because The Petite Knock Out® Rose, the first-ever, miniature Knock Out® Rose, is so unique, our company, Star® Roses and Plants, felt this plant was worthy of this level of protection. This particular variety has more versatility and flower power than any rose, making it extremely special to the world of flowers. We look forward to seeing what The Petite Knock Out® Rose brings to the market. Thank you for your cooperation and support, which we greatly appreciate."
|
REPLY
|
|
As I understand it, a utility patent can only be applied to a genetically modified organism. Would that mean the seedling resulting from the listed pedigree was modified, or is the pedigree given incorrect?
Unfortunately, I am guessing this is not a sterile cultivar, and bees *will* fertilize with it, making seedlings of roses in its vicinity potentially "illegal"?
|
REPLY
|
|
And I was under the impression that new roses shouldn't be given 5-word names.
|
REPLY
|
|
Hybridizers will likely give it a four-letter name. A utility patent has the theoretical risk of polluting a gene pool of rose seedlings, creating plants that are essentially illegal as *all* descendants would constitute patent infringements.
More to the point, most hybridizers feel humbled knowing they stand on the shoulders of the great hybridizers whose creations serve as the foundations for their own. Star has hereby taken a rose indebted to the work of prior hybridizers and put a full stop on anyone else being able to carry it to the next level.
That's definitely not in the spirit in which this community generally functions.
|
REPLY
|
|
Obvious cunning solution here: plant it next to another patented rose, wait for bees to do their thing, then let the two companies destroy each other in court arguing over who is to blame for the resulting seedlings.
|
REPLY
|
|
They'd sue the bee-keeper...
|
REPLY
|
|
This is a most worrying precedent. Does the patent specify exactly is so special and unique about this one particular cultivar which no other of literally tens of thousands of other rose varieties don't have?
I do hope it fails in the marketplace. No doubt Star hopes that the word 'Knockout' will sell it.
|
REPLY
|
|
You might find this thread on the Rose Hybridizers Association about it interesting, particularly Don's comment posted 1/29/2020 at 7:55 AM.
|
REPLY
|
|
You forgot the link. ;)
|
REPLY
|
|
Sorry. http://www.rosebreeders.org/forum/viewtopic.php?p=71018#p71018
|
REPLY
|
|
"This particular variety has more versatility and flower power than any rose..."
Pfft. Breeders say that about every new floribunda. :P
|
REPLY
|
|
It's called MARKETING!
That's what roses are really about.
I should know. I was a wholesale rep. lol
|
REPLY
|
Reply
#14 of 15 posted
23 FEB 21 by
jmile
|
This is a rose???? I finally found out when a rose is NOT a rose. No thank you.
|
REPLY
|
Reply
#15 of 15 posted
23 FEB 21 by
....
-
-
|
All hail our oligarch overlords and the needless utility patent on ornamental plants.
|
REPLY
|
-
-
|
They refer to it as a miniature rose.
"SUMMARY OF THE INVENTION
[0005] The new variety of Rosa hybrida Miniature Rose plant was created by artificial pollination wherein two parents were crossed which previously had been studied in the hope that they would contribute the desired characteristics. The female parent (i.e., the seed parent) was the product of a cross of the `MEIPAONIA` variety (non-patented in the United States) and an `UNNAMED SEEDLING` variety. The male parent (i.e., the pollen parent) was the `RADTKO` variety (U.S. Plant Pat. No. 16,202).
[0006] The parentage of the new variety can be summarized as follows:
(`MEIPAONIA` x `UNNAMED SEEDLING`) x `RADTKO` "
United States Patent Application 20190090396
|
REPLY
|
|
Thank you Michael. I’ve added the class of Miniature and the parentage.
But am unable to access the Patent Application by that number.
|
REPLY
|
|
pdfaiw.uspto.gov/.aiw?PageNum=0&docid=20190090396&IDKey=31F5C9FC5D1E&HomeUrl=http%3A%2F%2Fappft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.html%2526r%3D3%2526p%3D1%2526f%3DG%2526l%3D50%2526d%3DPG01%2526S1%3D%252522rose%252Bplant%252522%2526OS%3D%252522rose%252Bplant%252522%2526RS%3D%252522rose%252Bplant%252522
lol it's a very short url, as you can see :]
|
REPLY
|
|
