"exotic orchid' a new patented variety?

[escualida]

In the article basically they want to rename Brassidium Golden Gamine 'White Knight' to Exotic Orchid 'White Knight' ... who knows why...

[Rowangreen]

Originally Posted by mtorchid

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

If all you have to go on is the description on the patent, I wouldn't be sure. There are a lot of brassidiums that are very similar, and each of those varies in different conditions. Basically without a good label or a dna test you can't be sure. Sorry, but that's how it is.

Anyway, the RHS registered name of this is Brsdm. Golden Gamine. The 'White Knight' bit is a particular individual/clone of this cross, which, since it's owned by someone who's patenting it, you'd think it would be unlikely you'd buy without it being labelled as such...

Sorry to be a meany but ending up with noids is an annoying fact of life.

[Bud]

There is a big difference between 'patenting' and 'registering' an orchid.

newly discovered or newly hybrid orchids names are registered to 'RHS' by taxonomists or hybriders= all you need to do is fill up a form and pay the fees; and wait for your certificate or proof that your plant was acknowledged as legitimate.

'patented' orchids have their paperwork sent to the patenting office; one has to fill up a form and pay a fee and wait in the mail for the patent to be acknowledged and stamped then it becomes legitimate....patenting has all the rights and privileges to clone, propagate and cross the said orchid by the owner of the patent but it is hard for the patenting owner to prove that the orchid was cloned or propagated by another independent grower other than the patenting owner. So this process of patenting can be exclusive to just one person but anyone can propagate the orchid as long as they do not admit to cloning, propagating and crossing the patented plant. Only DNA testing can prove that the plant was cloned, propagated or crossed. So they paid a lot of money for just naming it 'wild orchid' (which I do not know of any tribe, genus or specie called that name yet=let alone a genus named 'yikes') And if the patent expires and the owner of the patent did not renew the patent...it becomes fair game for everyone. So I don't know why they patented it at all, just a waste of their money.
I can call a Euanthe sanderiana as "Miss Piggy" in the patenting office and they might grant me the patent with the name= but the RHS will name it Euanthe sanderiana as registered.

The Australian government officially named the Dendrobium biggibum as Vappodes phalaenopsis; but since the RHS registered it centuries ago as 'biggibum' then it has to remain as Dendrobium biggibum. A member gave me the correction and it was a big discussion on my thread not so long ago.

[lambelkip]

patents for orchids have little value, since there's so many similar hybrids already available. competitors can simply produce something similar instead of licensing the patent. a couple companies have patented orchids, but most of them are expired.

The most recent one I could find that was granted is for golden gambol. (granted in 2009)

The only pending patent I could find was for "Exotic Orchid Blue Birds" - which appears to be a fraudulent application, since the plant was already widely available by the time the application was filed, and is therefore not patentable. (Zygonisia Cynosure 'Blue Birds', hit the market in 2007, cloned extensively by multiple companies, patent not applied for until 2010)

several of the others mentioned in this thread do not appear to have patents pending, and listing them as "Patent Pending" or "Patent process initiated" may be a violation of US law.

[quiltergal]

I wonder if they are trying to patent the clonal name exotic orchids so Exotic Orchids of Maui can't use it? Seems very curious. As already stated, to any grower a patent isn't worth the paper it is written on. If they have already registered it as Brsdm. Golden Gamine 'White Knight', RHS is not going to change it to Exotic Orchids 'White Knight'. It will always be Golden Gamine patented or not. As far as breeding goes it can't be all that terrific. There is only 1 registered hybrid using it as a parent, and that is from 2006 when Golden Gamine was created to the present. Honestly I don't see the point.

[Jayfar]

That brings up an interesting point, that I had previously posted about on another board. I noticed one dealer in Arizona has the following policy (I've redacted the company name, but you could probably find it by googling the phrases below):

"Condition of sale: We offer unique plants to our customer’s for their personal use and enjoyment, not for duplication (stem propagated or cloned) and subsequent sale. Plants obtained from [redacted] that bear cultivar names are not to be duplicated in any manner, directly or indirectly, without the written permission of the owner(s) of [redacted]. This stipulation applies to all named cultivars obtained from [redacted] including, but not limited to those that are obtained by purchase, exchange and extra plants provided as specials or bonuses."

Even though I haven't done any breeding or cloning, this just rubs me the wrong way. Many of the plants are well-known cultivars, not exclusive to this dealer. For instance Phal. Joy Spring Canary ‘Rainbow’ and Phal. Kuntrarti Rarashati ‘Copperstate’ HCC/AOS. Can that actually be legally binding? I'm aware that some orchids are actually patented, but as far as I know none of these are.

[orchidsarefun]

Originally Posted by Jayfar

That brings up an interesting point, that I had previously posted about on another board. I noticed one dealer in Arizona has the following policy (I've redacted the company name, but you could probably find it by googling the phrases below):

"Condition of sale: We offer unique plants to our customer’s for their personal use and enjoyment, not for duplication (stem propagated or cloned) and subsequent sale. Plants obtained from [redacted] that bear cultivar names are not to be duplicated in any manner, directly or indirectly, without the written permission of the owner(s) of [redacted]. This stipulation applies to all named cultivars obtained from [redacted] including, but not limited to those that are obtained by purchase, exchange and extra plants provided as specials or bonuses."

Even though I haven't done any breeding or cloning, this just rubs me the wrong way. Many of the plants are well-known cultivars, not exclusive to this dealer. For instance Phal. Joy Spring Canary ‘Rainbow’ and Phal. Kuntrarti Rarashati ‘Copperstate’ HCC/AOS. Can that actually be legally binding? I'm aware that some orchids are actually patented, but as far as I know none of these are.

A condition of sale that is not legally enforceable is not binding on the purchaser. I would be interested to find out if you actually asked this dealer for permission on a JSC stem prop, if he would say no - and the reasons ! The dealer may just be using a scare tactic to prevent more sellers from entering the market.