WHY PATENT ORCHIDS?

[glen]

There's a new story entry added:

WHY PATENT ORCHIDS?

Fifteen years ago almost all orchids plants were sold either as very nice gifts from florists or to hobbyist orchid growers from orchid specific nurseries. The volumes of orchids sold were relatively low in general and the quantity of a single variety was in the hundreds. Since 1988 we have seen orchids featured in Hollywood movies, on the sets of talk shows, and just about everywhere people gather indoors in an upscale atmosphere. They have truly become ubiquitous.

[Tindomul]

Very nice article. I completely agree that new hybrids should be patented. It does encourage hybridizers to make new hybrids. But can you explain how this helps maintain the entegrity of the plant itself? No doubt you are correct, I'm just a little blurry on how it works out, thats all.

Thanks!

[Phantasm]

As with most things, this comes down to economics. A patent gives the producer the sole right to reproduce the plant, and others cannot recreate the plant without permission.. The plant is defined by it's name and patent number.
If you have a particularly desireable clone, a bundle of money could be made and it becomes a bit more exclusive such as the mericlones Stewart's Orchids made 20 years ago.

[Tindomul]

Oh, Im starting to understand! Thanks Phantasm!

[Oscarman]

..........virtually eliminates the basement hybridizer's ability to reproduce an old cross with different named varieties of the original parents. Although they could still do it, as long as they keep and grow all the resulting plants!

Patenting is for big business, the hobby grower suffers with reduced availability of desirable/awarded plants and increased cost associated with the captive audience the patent holder has.

[Phantasm]

Actually the original cross can be reproduced with even the same parents and the grower can do whatever they choose with the progeny. The patent is on the actual plant ---the specific clone ---.

The patent protects the owner of the plant to produce it as they please. It give exclusivity to the seller, and it's up to them to determine how many plants they want to reproduce. Mericloning has actually increased the availability of excellent quality plants compared to the average of most crosses.

[Oscarman]

Originally Posted by Phantasm

Actually the original cross can be reproduced with even the same parents and the grower can do whatever they choose with the progeny. The patent is on the actual plant ---the specific clone ---.

The patent protects the owner of the plant to produce it as they please. It give exclusivity to the seller, and it's up to them to determine how many plants they want to reproduce. Mericloning has actually increased the availability of excellent quality plants compared to the average of most crosses.

Mericloning has managed to replicate many fine or awarded plants by many companies for distribution around the world - it is not the same as patenting, which will control the amount of replication and ultimately effect availability.

[Piper]

Hi Glen,

Nice article! You've done an excellent job painting the commercial orchid-growing landscape from a business perspective. And I can appreciate the financial implications patents would have for a grower of your size (I love your Website by the way, and am only sorry I don't have room for 100 of your BS plants!)

But I don't think patenting is practicle. Say I buy your patented clone, and through an open window a bee comes in and buzzes around checking out the lovely blooms. One month later I have a seed pod. Let's assume it was a selfed cross. I believe this would violate your patent, if I flasked and raised the seeds. (Although I'm not sure I should be the one going to jail...seems to me the bee was more responsible.)

Yes, there's money and considerable time involved in any new winning hybrid. But in a free trade market there's also huge financial advantage to the guy who comes up with the clever idea, or in this case the stunning cross, first.

Patenting orchids is possible. So was DIVX - selling DVDs, but not the right to watch them. (To view them you had to pay a fee per viewing.) It was possible, but it didn't work. And that was enforceable. Patents won't stop people from breeding your orchids. They'll simply sell them as lovely NOIDs.

Julie