Oh, patents! The Ruivonk Hybrid Tea rose

Copyright © Françoise Herrmann

According to US patent law (USC 35: 161), the United States Patent and Trademark Office grants plant patents to: “Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state[…]". Thus, for example, tubers such as the Irish potato and Jerusalem artichoke are excluded, because the tuber (short thick portion underground) that could be propagated (i.e., asexually reproduced) —therefore, patented— is also used for food. On average, during the past 25 years, the USPTO has granted approximately 1000 plant patents per year, combining applications originating in the US, and from other countries (USPTO Report).

The US plant patent, USPP14663P3, titled Hybrid Tea rose plant named ‘Ruivonk’, was awarded on April 6, 2004, to the renowned, and now deceased,  Dutch Pouw-rose inventor, Anton Pouw. The patent was then assigned to the distinguished Dutch company De Ruiter. A family business with international accolades, originally also specialized in hybridizing and propagating roses for the past 100 years, now managing the licensing of varieties, and the connections between growers and florists. Since 2015, De Ruiter is also designated “Purveyor of the Royal Household” of the Netherlands.

The patent recites the color attractiveness, and long non-fragrant vase life (up to 35 days), that both distinguish the Ruivonk Hybrid Tea rose from all other rose varieties. The patent further specifies the botanical characteristics of the Ruivonk Hybrid Tea rose, in particular, for example: the color of the flowers (bud, sepals and bloom) outer and inner petals, and edges, per the Royal Horticultural Color Charts (RHSCC); the reproductive parts, the plant, new shoots, flower stem and thorns. From a distance, the general color is light pink, with variation of the outer and inner petal surfaces, and edges. As the bloom ages, the color lightens from 62A and 62B, to 62D, per the RHSCC cited.

The Ruivonk variety was first grown from seed in The Netherlands. Reproduction by propagation, using cuttings of the new variety, was established and transmitted through repeated propagation. The plants produce approximately 180 stems per square meter, per year, in a greenhouse (in the Netherlands). 

The patent Figure 1, together with the above image of a Ruivonk rose, are included. Specifically, the patent Figure 1  indexes for the Ruivonk Hybrid Tea rose: a young shoot (1), compounds (3) and (7), leaves (2), (3) and (4), a stem segment without leaves (5), a flower bud after sepals open (6), flowers at different stages of development (7), (8) and (9); and reproductive parts (10), (11) and (12).

References

1937-2007 - Anton Pouw

https://de-kwakel.com/toen-nu/andere-tijden-870-19/1937-2007-anton-pouw

De Ruiter
https://deruiter.com/en/about-us/

Royal Horticultural Color Charts (RHSCC)
http://rhscf.orgfree.com/

USPTO – Plant Patents Report - Granted: 01/01/1996 - 12/31/2020 - Number of Patents Granted as Distributed by Year of Patent Grant, Breakout by Country of Origin (Table A1-1a) and by Ownership Category (Table A1-1b)
https://www.uspto.gov/web/offices/ac/ido/oeip/taf/plant.htm#PartA1_1

USPTO - United States Code Title 35
https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html

Oh, patents! Almond sweethearts!

Copyright © Françoise Herrmann

Although, living organisms are technically and legally un-patentable, the Plant Patent Act of 1930 allows for the patenting of plant varieties, in honor of the great American botanist Luther Burbank, father of countless plant varieties such as the “Santa Rosa” plum, the “Flaming Gold” nectarine, the “Russet Burbank” potato, the plumcot (a cross between the plum and the apricot), and a spineless cactus for feeding cattle!

Thus, in the tradition of Burbank, the Regents of the University of California filed for an Almond variety named “Sweetheart”  in patent US2008201808. Consistent with research on the health benefits of monounsaturated kernel oil, and in particular oleic acid, this variety of almond is engineered with a high kernel quality, also capable of acting as a pollen-producing plant for another California almond variety called “Nonpareil”. Indeed this is a true “Sweetheart” almond!

The abstract for US2008201808 is included below. There are no patent drawings, so only images of this marketed sweetheart are included!

Abstract US2008201808

An improved Prunus dulcis variety is provided that is well suited for serving as a replacement for the premium quality 'Marcona' variety (non-patented in the United States). A distinctive heart-shape kernel in combination with very high kernel lipid quality is displayed. Good bloom overlap is displayed with the widely-grown 'Nonpareil' variety (non-patented in the United States) and pollen is cross-compatible with 'Nonpareil' and all major California almond varieties. The tree exhibits an upright-spreading growth habit with good productivity. Desirable fruit and kernel characteristics for shelled and processed almond production are displayed.