2024 Crosses

[DevonCurry]

I'm curious for anyone's input-- which of these crosses I made last year (2024) would be most fun to pursue, if I have to choose?

Pink Tiger x Rebel Starfighter Prime
Emerald Flame x Rebel Starfighter Prime
Tiny Tim x Apricot Zebra
Tiny Tim x Verde Claro
Rosy Finch x Shimofuri
Shimofuri x Rosy Finch
Shimofuri x Orange Hat
Green Doctor x Rebel Starfighter Prime
Orange Hat x Shimofuri
Purple Empress GMO x Midnight Pear
Wapsipinicon Peach x Purple Empress GMO
Apricot Zebra x Wapsipinicon Peach
Orange Hat x Apricot Zebra
Green Tiger x Rebel Starfighter Prime

[bower]

I see you're keeping busy!

Just thought I would caution you about Purple Empress GMO crosses - any variety you develop from that is not legal, it would be owned by the Purple Empress developers under patent law, as stated on the breeders' page.
https://www.norfolkhealthyproduce.com/faqs
That may seem trivial to you now, as a first time breeder, because you don't have a good sense of just how much time and effort you will have to go through to stablilize an OP tomato. Trust me, it is not worth violating a patent and making your work 'illegal' or someone else's property (yes they would own your work. They own those seeds from your first cross, under the law. ) Most amateur breeders that I know, go through a special effort to make sure that they don't infringe any patents when choosing parent material from commercial varieties. There is still tons, absolutely tons of great tomato germplasm with no restrictions on its use, so why waste your efforts.

[Acer Rubrum]

Bower is right about the gmo patent stuff.

I think the Shimofuri x Orange Hat cross would be interesting. Especially if you select for varigated leaves. Pink Tiger x Rebel Starfighter Prime also looks intriguing.

[Doffer]

When does the patent expire?

[DevonCurry]

@bower
@Acer Rubrum

Thanks so much for the caution, it makes sense not to have my time invested in breeding something someone else owns.

Yes, I like the shape of the leaves and size of Orange Hat, I think it could look amazing variegated! If Shimofuri has br/br genes already, then there might also be d and sp and alb genes involved— if my limited genetics knowledge is correct. Mathematically, if I’m able to grow out a few hundred of the F2 seeds I think there would be a fairly good chance of seeing a variegated micro dwarf- I'll see what happens!

@Doffer
It looks like the patent expires in 2031.

[KaguyaCloud]

When does the patent expire?

According to the US patent law, plant patents expire in 20 years.
https://www.uspto.gov/patents/basics/apply/plant-patent

The patent for the purple tomato gene was issued August 12, 2014. So it should expire in 2034, a little less than 10 years from now.
https://ppubs.uspto.gov/dirsearch-publi ... JleHAiOjB9

[DevonCurry]

@KaguyaCloud
Thanks for the info!

Google Patents has it expiring Feb 12th, 2031

It looks like it was adjusted based on some earlier filing that was done in 2011, and that’s when the 20 years started, not when the patent was actually granted in 2014.

https://patents.google.com/patent/US8802925B2/en

[River.Rock.Farm]

So this has the potential to cross over to any and all of our tomato? If I trade with someone who grew them and they cross pollinated and then proceeded to send me seeds (which I have no idea what grows in your garden) then this will contaminate all of my heirlooms. And from ky understanding you can not sell the seeds or fruit.

[Paulf]

It seems to me that the patent only refers to asexual reproduction of that particular variety. Any natural or sexual reproduction even if using a particular variety is not covered in patent protection. Copying that company's method of developing a particular tomato is protected since it would involve using a copyrighted procedure. Using a method outside the same asexual procedure would not violate proprietary rights. So it seems to this completely non-legally trained person.

Using their seed, growing the tomato out and then reselling the same variety under a different name is one thing, but having that variety cross (intentionally or unintentionally) would create quite a legal storm just like the accidental drift of pollen from a protected by patent soybean to a neighbor's field. A seed company sued the neighbor because his crop was an extension of the patented crop. Even with a multi-million dollar legal team pressing the subject, the sued farmer could not control the wind and I think was finally found faultless. Does my memory fail me? Not worth looking up. Common sense has to become part of this argument.

[River.Rock.Farm]

Oh perfect and thank you!!!