Patent Pending

[Tsuchibuta]

I don't think you can patent the hybrid itself only the cultivar (clone) because of the ability of natural breeding.

If I do recall years ago there was a supreme court decision similar to this. The Monsanto company created genetically modified seed that began to interbreed with non gmo seed and the resulting progeny carried the gmo genes and so Monsanto sued the local farmers who had inadvertently grow this mutant seed. Unfortunately I can't find reference to it now (don't really have the resources available at the moment) and I don't remember the outcome.