View Full Version : Mekong Giant is patented!!!???
siege2050
05-29-2014, 11:11 PM
Ok, does this apply to all Musa Itinerans? Or just var. xishuangbannaens?
Patent USPP24315 - Musa plant named ‘MeKong Giant’ - Google Patents (http://www.google.com/patents/USPP24315)
austinl01
05-29-2014, 11:22 PM
I think the name only is patented.
siege2050
05-29-2014, 11:23 PM
I think the name only is patented.
Seems like the name, and clones of that particular plant?
CGameProgrammer
05-30-2014, 12:01 AM
I think the name only is patented.
Names cannot be patented.
siege2050
05-30-2014, 12:41 AM
It says that the cultivar Mekong giant differs from the parent plant, so I would think there should not be a problem propagating and selling the parent species, or another like Itinerans Var. Itinerants. And the name would have to be trademarked, to not use it?
bigdog
06-01-2014, 06:56 PM
I have pointed this out to Brian before, and to others as well, but it falls on deaf ears every time. This is nothing more than Musa itinerans var. itinerans, IMHO. It is not var. xishuangbannaensis, and that can be proven very quickly and easily by cutting one of the petioles and seeing what color the sap is. If it isn't red, it isn't var. xishuangbannaensis. The very fact that it is misnamed probably nullifies the patent on it. Then the other fact that it doesn't differ at all from the variety that it really is, var. itinerans, further makes the case for nullifying it, IMHO.
But what do I know?
siege2050
06-01-2014, 07:58 PM
This kind of reminds me of the Canna Tropicana case. In Europe the Patent was thrown out and it is known as Phasion, or Durban. It being a sport and not purposely crossed, it should be thrown out in the U.S. as well. His claims that Mekong Giant is just a seedling that differed from the parent stock when sown with others should make it null and void.
austinl01
06-02-2014, 12:08 PM
Frank knows his stuff. I'm with him on this.
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