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  #1  
Old 08-26-2009, 04:14 PM
murphy48 murphy48 is offline
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&quot;exotic orchid' a new patented variety? Female
Default "exotic orchid' a new patented variety?

So I was at Trader Joe's and they had this orchid who's tag said Exotic Orchid 'clarabelle' and they had another called Exotic Orchid 'Yikes' and then something about a patent, I didn't write that down.

I really like the flower but I'm not sure I want another NOID so I did a quick search. In doing so I found a patent claming that "Exotic Orchid" is a new "variety" of orchid and there seems to be a couple of different patents similar to this. Here is one for Exotic orchid 'White Knight':

EXOTIC ORCHID 'White Knight' - Patent - new variety of orchid plant of the Oncidiinae Intergeneric group Brassidium named EXOTIC ORCHID `White Knight`

Has anyone come across something like this, it seems very strange to me.
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  #2  
Old 08-26-2009, 04:49 PM
kinknstein kinknstein is offline
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I took a look at the RHS Orchid Hybrid registry and I found a Paph Clarabella listed, registered in 1979, it might be the one you ask about. Was it a Paph?
Did not find any listings for a "yikes" though...
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  #3  
Old 08-26-2009, 04:51 PM
murphy48 murphy48 is offline
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&quot;exotic orchid' a new patented variety? Female
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It wasn't a paph. It appeared to be an oncidium intergeneric hybrid
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  #4  
Old 08-26-2009, 06:23 PM
akiko akiko is offline
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it looks the guy crossed two plants, saw potential as a very desirable Oncidium, and decided to patent it with a new cultivar name EXOTIC ORCHID 'White Knight' Maybe he wanted to name it but couldn't get an award or something it looks like a work around maybe, I could be wrong. Patenting the name like that may allow him to not disclose the parentage of the cross, so I have no idea what that means to the orchid world as far as judging and correct taxonomy, regardless it is still an Oncidium but we just don't know kind lol. That kind of renders it a NOID unless this is something the Judges will accept a taxonimically correct, which I don't think would happen but you never know lol. It seems strange to me too. But I thought you could only name the cultivar if it was awarded.
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  #5  
Old 08-26-2009, 07:52 PM
orchidsamore orchidsamore is offline
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&quot;exotic orchid' a new patented variety? Male
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There are a number of 'patent pending' Oncidium inter-generics recently.

It seems kind of silly since all inter-generics have about the same commercial value and the patent if it is ever granted will not be worth much.

The patents only protect the cloning of the plant not the reproduction from seeds.

Commercially, since the RHS will not register it without a named parents and even local clubs will not allow it for judging, it will have minimal value as a NOID orchid.

The enforcement of a patent costs exceedingly more than the plant could be worth.

Exotic Orchid 'White Knight' is described to be almost exactly like Mtssa Shelob, so why would anyone care to pay more for it.

So far I think the few patented orchids are being done as a sales pitch.
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  #6  
Old 08-26-2009, 08:44 PM
dshnarw dshnarw is offline
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&quot;exotic orchid' a new patented variety?
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Plant patents are becoming more common recently, especially in hybrid perennials, like coneflowers. A plant patent means that only the owner of the patent (or anyone he cares to allow) can reproduce the plant for sale. It would technically be illegal for you, after purchasing/growing it out, to offer divisions of the plant for sale. In this case, you could still grow out the seeds (although there are also seed patents which are much less common).

I would expect that the owner of the patent has decided that this plant grows quickly/easily and flowers well, and applied for the patent to prevent his competitors from cloning the plant as well. Much like copyright laws, to protect his patent, he must declare it on his product (similar to how photographers must use watermarks in order to protect their images). So it's less a sales pitch and more a competitive advantage. Also, remember that the company's target audience is not the "orchid connoisseur", so they don't care if they're reproducing a registered plant. The name they've given it is a description of the plant and a name that they've chosen to describe it, which makes it a NoID for us.

For orchids, with all the varieties, plant patents are relatively useless for the true collector because you can always find a similar flower that isn't patented. With less hybridized plants, it becomes a great business tool because the collector will have little choice in new hybrids. Coneflowers are a great example - not many hybrids, so you've only got 2 or 3 options for, say, a green and white double flower. And all of those options have plant patents.
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  #7  
Old 08-26-2009, 09:54 PM
orchidbingo orchidbingo is offline
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Quote:
Originally Posted by murphy48 View Post
So I was at Trader Joe's and they had this orchid who's tag said Exotic Orchid 'clarabelle' and they had another called Exotic Orchid 'Yikes' and then something about a patent, I didn't write that down.

I really like the flower but I'm not sure I want another NOID so I did a quick search. In doing so I found a patent claming that "Exotic Orchid" is a new "variety" of orchid and there seems to be a couple of different patents similar to this. Here is one for Exotic orchid 'White Knight':

EXOTIC ORCHID 'White Knight' - Patent - new variety of orchid plant of the Oncidiinae Intergeneric group Brassidium named EXOTIC ORCHID `White Knight`

Has anyone come across something like this, it seems very strange to me.
The following are a few of those being patented by The Orchid Works (www.theorchidworks.com)

I've e-mailed back and forth with Glen who is a fount of knowledge for Oncidium intergenerics

see the following for pictures link to their order form with picture links

Order Form

Exotic Orchid 'Ikes Yikes'
Bllra. Lunatic Fringe 'Ikes Yikes'
(patent process initiated)

Exotic Orchid 'Golden Gambol'
Patent Pending Publication No. 20090119813
Mclra. Yellow Star 'Golden Gambol'

Exotic Orchid 'White Knight'
Patent Pending Publication No. 20080256673-P1
Brsdm. Golden Gamine 'White Knight'
Rayna's Real Deals $1.50




Exotic Orchid 'Night Shift'
Odcdm. Succubus 'Night Shift'
(patent process initiated)


Exotic Orchid 'Kilauea'
Oncidioda Pacific Pagan 'Kilauea'
(patent process initiated)




Exotic Orchid 'Argal Okika'
Wilsonara Harvest 'Argal Okika'
(patent process initiated)

Exotic Orchid 'White Lightening'
Miltonidium Pacific Paragon 'White Lightening'
(patent process initiated)

Exotic Orchid 'Purple Picotee'
Wilsonara Opalescent 'Purple Picotee'
(patent process initiated


Hope this helps!

Bingo


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  #8  
Old 08-26-2009, 10:42 PM
murphy48 murphy48 is offline
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&quot;exotic orchid' a new patented variety? Female
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Thanks everyone for all this info! Especially Bingo, a lot of those have what they really are in addition to the "Exotic Orchid" name. They didn't have the name of the one I wanted to buy so its still a NOID to me so I probably won't get it... I never knew that you could patent a particular plant. Interesting how the seeds would not fall under the patent!
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  #9  
Old 08-27-2009, 02:35 AM
Doc G Doc G is offline
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I think the name and patent may be so they can try to extort money, under threat of lawsuit from anybody who uses the term "exotic orchids"
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  #10  
Old 05-01-2013, 08:08 AM
mtorchid mtorchid is offline
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&quot;exotic orchid' a new patented variety? Male
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I had been trying to find out if anyone could ID my orchid, all I knew was "Oncidium", but between other member suggestions and my stumbling upon your post, I found it! Bsdm Exotic White Night
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