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Main Banana Discussion This is where we discuss our banana collections; tips on growing bananas, tips on harvesting bananas, sharing our banana photos and stories.


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Old 05-29-2014, 11:11 PM   #1 (permalink)
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Default Mekong Giant is patented!!!???

Ok, does this apply to all Musa Itinerans? Or just var. xishuangbannaens?

Patent USPP24315 - Musa plant named ‘MeKong Giant’ - Google Patents
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Old 05-29-2014, 11:22 PM   #2 (permalink)
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Default Re: Mekong Giant is patented!!!???

I think the name only is patented.
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Old 05-29-2014, 11:23 PM   #3 (permalink)
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Default Re: Mekong Giant is patented!!!???

Quote:
Originally Posted by austinl01 View Post
I think the name only is patented.
Seems like the name, and clones of that particular plant?
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Old 05-30-2014, 12:01 AM   #4 (permalink)
 
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Default Re: Mekong Giant is patented!!!???

Quote:
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I think the name only is patented.
Names cannot be patented.
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Old 05-30-2014, 12:41 AM   #5 (permalink)
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Default Re: Mekong Giant is patented!!!???

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?
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Old 06-01-2014, 06:56 PM   #6 (permalink)
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Default Re: Mekong Giant is patented!!!???

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?
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Old 06-01-2014, 07:58 PM   #7 (permalink)
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Default Re: Mekong Giant is patented!!!???

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.
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Old 06-02-2014, 12:08 PM   #8 (permalink)
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Default Re: Mekong Giant is patented!!!???

Frank knows his stuff. I'm with him on this.
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