To patent a plant it has to be your own invention and distinct from other varieties (especially its parents). Apomictic seed is specifically mentioned in the patent law as an asexual mode of reproduction
Asexually produced plants are definitely patentable as long as they meet the requirementsâsports, for instance. Although plants produced by apomixis are clones, they could still be considered distinct if they show consistent phenotypic differences. For example, many Aronia cultivars are essentially seed-grown clones of one another, yet they exhibit observable variation and perform differently in field trials. A court could arguably find that level of distinction sufficient for patentability.
Apomictic seeds are mentioned in the Plant Patent Act not as a prohibition, but as a form of asexual reproduction. In context, the reference is tied to the requirement that the plant be asexually reproduced (or reproducible) as part of the patent process.
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What I got out of the Orchard People podcast above is that after a patent expires in 20 years, anyone can clone that variety and sell plants and fruit under the patented name, unless that name has been trademarked. If itâs trademarked, you can still sell cloned plants and fruit under a different name. So, itâs not illegal to clone any plant for your own or otherâs use after its patent has expired. Cosmic Crispâs patent should expire in 2032.
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Well, it was in writing, on file legally, late last fall that protection was going to end in 2027. So maybe in 2031, they will ask for another 5 year extension? Can they? Iâm clear on most things, but the 5 year extension Iâm not.
I just read over the patent. There is nothing special going on. The patent was filed in 2012 and granted for 20 years. 2032. Prior to 1995 patents where issued for 17 years. The only extension possible might be to 2034, the date the patent was granted rather then the date it was filed. This is allowed as holders shouldnât be penalized for PTO delays.
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nothing strange has happened here. patents are 20 years from the date of priority. I am not sure why you saw it 2027, but it is always 20 years. sometimes you are given a bit of extra time if the PTO takes awhile to prosecute it.
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It would be interesting if anyone here has noticed a branch on their âCosmic Crispâ thatâs fruit differs from the typicalâmore red, very prominent lenticels, or a changed growth habit. If so, you may have just âinventedâ (i.e., walked by and noticed) a new and potentially patentable plant.
If this new apple youâve âinventedâ is sufficiently distinct from âCosmic Crisp,â you might be able to argue that youâre not propagating a patented plant, but rather your own invention.
Of course, all of the above assumes you didnât sign a contract. It also wonât stop Big Apple from suing you.
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The trademark issue is not quite so simple. Red Delicious is a trademarked name, but everybody uses it.
Brief rundown, non exhaustive explanation, of trademark law:
Anything used in commerce to signify a source is a trademark.
Registered trademarks get extra protection, those are easily searchable.
Some key notes is trademarks cannot be merely descriptive, so something like Red Delicious is not likely trademark-able because its just describing color and being yummy. But they can acquire secondary meaning if theyre associated with a source and you show evidence of that and become trademark-able.
Either way, I see no evidence that red delicious is trademarked as either common law or registered.
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HoneyCrisp was pattened as HoneyCrisp. Now everyone can use that name
Patent name for Cosmic Crips is WA-28 and when the patent expires anyone can release WA-28âs but they will have to fight to use the Cosmic Crips trademark name.
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The protection that you are referring to is not the patent; itâs the growing exclusivity agreement with Washington growers that was also discussed in the Orchard People podcast. I saw many references to that document that stated it would expire in 10 years, but there was also mention of a 5-year extension. I normally donât trust AI, but this AI response summarizes what I understand about these issues: https://gemini.google.com/app/f8ed0ccbd480e98c.
I also discovered that there is at least one nursery in Canada that sells Cosmic Crisp trees in Canada: The Glasshouse Nursery in Ontario. Unfortunately, they do not deliver outside of their local area; so, you have to pick up the tree in a 7 gallon pot at the nursery.
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And here comes another WSU apple: Sunflare.
https://www.foodandwine.com/sunflare-new-apple-variety-11936209
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same mix as wild twist, i think
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âThe PNW must be in some kind of echo chamber.â Your absolutely right. As someone who has been commercially growing apples in Washington for 33 years I have watched as the industry went from complete collapse in the 1990s to then slowly but surely building back up again, all along just repeating the exact same mistakes that led to its collapse before. One of the big differences between then and now is that back then there were hundreds of very small family orchards scattered around eastern Washington, many in prme growing locations up streams in higher elevations. Now these are all but gone. They all went bust thanks to the bad advice and control of the packing houses they were members of. Many of the larger orchards were taken over by the packing houses, re planted and now profitable.
Instead of an âecho chamberâ I would probably call eastern WA apple growing efforts as the Dog Chasing Its Tail. This is well exemplified by the article here in post #71 describing the new Washington apple Sunflare. The scientist at WSU, Dr Evans, is selecting thick skins as a positive trait when making her selections for new apples. Here it is in black and white. Everyone can see it. The breeders have their heads up their asses as to what the public wants and they are primarily focused on how well an apple will hold up in shipping. If I was to ask the next 100 customers at my stand what they did not like about our Cosmic Crisp I guarantee you the most repeated answer would be the thick skin. And here you have the apple breeders actually breeding for thicker skinsâŚâŚ
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Replace Apple with Tomato in that post and you are spot on with what is wrong with tomatoes in stores these days. They are âprettyâ but have no flavor and thick skins. I can grow heirloom tomatoes that still taste like a tomato. I refuse to eat those red cardboard bags that masquerade as tomatoes in stores.
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the heirloom ones that come from canada are pretty good to be honest. not at the same level as homegrown but good
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Iâm hoping that the thick skins on Cosmic crisp will help deter some of the codling moth and apple maggot.
John S
PDX OR
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Seems to hold true for apple maggot.
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Unfortunately thatâs the name of the game. They have to be able to ship and sold not only nationally but globally as well.
Thick skin is gonna help that.
Iâd concurâŚbut Iâve only eaten store bought Cosmic Crisp apples. It is one of my least favorite apples.
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