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Re:Bioluminescent petunias now available for U.S. market by whatshisface on Tuesday February 13, 2024 @11:12PM (#39366389)
Somewhere in the middle. Honeycrisp apples are a combination of naturally occurring genes, but they are propagated clonally and in fact cannot reproduce true to themselves. They'd never have arisen without careful cultivation, and (this part is important) another group crossing the same original cultivars as the developers of the honeycrisp used wouldn't get the same apple. So it's a combination that is unique to its inventors, rather than a patent on something anybody could do - and nobody will infringe by accident.

An example of a bad patent would be a patent on a process anybody trying to solve the problem would come up with - that's a needless restraint on trade - and an example of a truly horrible patent would be one on a human gene. Those existed until 2013, when the supreme court finally ruled against them.

Re:Bioluminescent petunias now available for U.S. market by throwawaymaths on Wednesday February 14, 2024 @01:31AM (#39367118)
Seems arbitrary and liable to abuse due to the patent office gonna call it obvious to deny you the patent because the officer's friend has a similar patent.
Re:Bioluminescent petunias now available for U.S. market by whatshisface on Wednesday February 14, 2024 @02:22AM (#39367387)
The rule against a trivial invention already exists, but as you suggest, interpretation creates a huge amount of criticism for the patent system.
Re:Bioluminescent petunias now available for U.S. market by mnw21cam on Wednesday February 14, 2024 @07:34AM (#39369106)
What you have just said about the Honeycrisp apple is true about all apples. That's how apple varieties have been created since the dawn of time. There's nothing special about Honeycrisp - they basically tried planting loads of seeds after crossing various trees with each other, did a massive taste testing and picked the resulting tree that won the lottery. Then that single tree was propagated by cuttings to make every single Honeycrisp apple tree in existence. But that's how all apple varieties are made.
Re:Bioluminescent petunias now available for U.S. market by throwawaymaths on Wednesday February 14, 2024 @09:32AM (#39370170)
Wasn't honeycrisp made with irradiated soil?
Re:Bioluminescent petunias now available for U.S. market by mnw21cam on Wednesday February 14, 2024 @12:41PM (#39372674)
That's not mentioned in https://en.wikipedia.org/wiki/Honeycrisp or anywhere else I can find.
Re:Bioluminescent petunias now available for U.S. market by shellfishgene on Wednesday February 14, 2024 @07:37AM (#39369132)
You could also argue that as honeycrisp were created by randomly crossing other varieties, and then picking the one appple with the most desireable qualities out of hundreds, this is not really patent-worthy as nothing was designed by the breeder.

The glowing petunias on the other hand were a proper invention, inserting a working, novel biochemical pathway into a plant is quite hard.

Re:Bioluminescent petunias now available for U.S. market by sampo on Wednesday February 14, 2024 @08:15AM (#39369418)
> Honeycrisp apples are a combination of naturally occurring genes, but they are propagated clonally and in fact cannot reproduce true to themselves.

All apple cultivars are like that.

https://theconversation.com/how-a-few-good-apples-spawned-to...