Iochroma said: The GMO seed comes with a set of terms that says no seeds, plants, or fruit may be sold; nor can any thing derived from it.
I don't know how enforceable that set of terms is.
@Iochroma Yes- it is curious!
Terms and Conditions -
By purchasing NHP Purple Tomato seeds, I accept the following conditions:
*Seeds, fruit and plant material are only allowed in the USA.
*The seeds are a patented variety and are sold to enjoy in your home garden and with your local community.
*No sales of fruit, seeds or plants are permitted in this agreement, including any derived varieties.
*These seeds come with no warranties.
*If you have issues with your seeds, please contact us right away at [email protected]. We want to help you be a Happy Gardener! All seed sales are final. Once your credit card is charged, the sale is complete.
*For more information, see our website FAQs.
A patent does not usually cover seeds that are harvested from a patented plant, then you sprout and grow yourself, as the resultant plant will be a "unique variety" (as in "not a clone") of it's parent, due to the reproductive shuffling of genes. However, the class of Utility Patents cover the GMO seeds, so I would imagine this would be in the same class as Monsanto's corn seed, and a utility patent does prohibit creating a seed line from their GMO seed. Making a cutting of a patented plant is prohibited, of course, as it is a clone.
Prohibiting selling the produce? Doesn't seem to be covered in the patent process, but you agree to their terms when purchasing, so maybe that is considered a contract you made with them- and thus enforceable? That one is curious. In the movie and music industry, you are buying only certain rights when you buy/rent/stream a movie or song. The industry has armfuls of lawyers, which of course, are protecting the artists that deserve compensation for their creations. They can indeed charge you more, or sue you if you play the song from a CD or stream or even play the radio in a public restaurant, or play a DVD you bought to a movie theater audience.
Iochroma said:
I can't seem to find out if the pollen is viable.
It certainly could be sterile… I'd like to know if you find out!
