I apologize if this is a dumb question, but if cross pollinate using coconut cream as a parent with, lets just say carrie; will that be allowed since coconut cream is patented or does it just affect the "naming" or re-selling process?
I'm no expert, but if you cross Coconut Cream with another variety, it would no longer have a patent because it would no longer be a Coconut cream.
Unlike, GMO crops, where its the actual Genes or sequence of genes that is patented because they are unique in that created product and would never occur naturally at random.
If that unique gene is passed on sexually to another plant, that plant may have proprietary patented genes.
So for breeding naturally, unless one can prove your plant has some unique gene that does not exist in any other plant, that breeder has no rights over plants crossed with his or her patented variety.
But as talked about a lot here in the forum, the chances of a non poly seedling mango being as good or better than its parent is very slim, in the case of Zill, he planted thousands of offspring from the same two parents, to get this winner.
anyway this is just my opinion i could be completely wrong.
I have nothing against patented varieties, a lot of work and time went into this by the breeder.
I am against patented genes though, fine if you can keep them confined to your plant, current law tells us that if these patented genes should cross with heirloom open pollinated varieties, its considered a "blessing" and you may have to pay royalties to the patent owner of that gene. I do not see it that way, I see it as contamination.
I would compare this to , a neighbor painting their house, and the over spray blows onto my property and onto my car, and the patent owner of that paint telling me I have to pay him royalties because my car is now using his excellent product.