Patented in Russia:Grub’s Mystery Green

**Patrina_Pepperina** · December 6, 2022

My gardening friend in Belarus told me that a big seed company in Russia has patented Grub’s Mystery Green! Patent number 11901 until 2051.

https://reestr.gossortrf.ru/sorts/7952868/

The person who patented it is Vasily Ivanovich Blockin-Mechtalin

Company: https://semena-partner.ru/

He has also done the same to Brad’s Atomic Grape and Barry’s Crazy Cherry and he’s likely to do the same with other varieties no doubt 😡

Patrina

Tormato · December 11, 2022

The Green Mystery Of The Grub.

Such "rights" appear to be confined to the Russian Federation, exporting to Belarus and K-stan and importing from Germany, all in a tomato that he didn't breed.

Fred Hempel · December 11, 2022

They seem to do things differently in Russia

ScottinAtlanta · December 16, 2022

The entire standards setting and IP regimes in Russia are open to a little greasing.

DK2021 · February 17, 2023

There was a similar thread last year on Russian "patents" on varieties well-known in other parts of the world.

I really do not know how or why Russian requirements for patentability should differ from that in other jurisdictions. On paper at least the Russian Federation is a signatory to the Patent Cooperation Treaty. For an invention to be patentable, the first requirement is that it be novel (new). Novelty is usually evaluated "anywhere in the world". (I am sure a Russian patent examiner would use that standard when examining a patent application filed in Russia by a non-Russian applicant.)

But given that this is Russia, I am not surprised that anything seems to be possible.

seaeagle · February 21, 2023

Oh well

seaeagle · February 21, 2023

Quote:

Originally Posted by Tormato

The Green Mystery Of The Grub.

Such "rights" appear to be confined to the Russian Federation, exporting to Belarus and K-stan and importing from Germany, all in a tomato that he didn't breed.

Not necessarily. There is the case of a heirloom sweet potato called Bradshaw where someone renamed it and sold it as "Mahon Yam". It happened right here in the USA. So I guess it is not illegal.

ScottinAtlanta · February 21, 2023

Quote:

Originally Posted by seaeagle

Not necessarily. There is the case of a heirloom sweet potato called Bradshaw where someone renamed it and sold it as "Mahon Yam". It happened right here in the USA. So I guess it is not illegal.

But not patented.

Are you sure about that sweet potato? The developer says it is something different, "a unique and relatively new sweet potato variety developed from heirloom potatoes".

https://ourharvest.com/products/prod...ic-mahon-yams/

seaeagle · February 21, 2023

Quote:

Originally Posted by ScottinAtlanta

But not patented.

Are you sure about that sweet potato? The developer says it is something different, "a unique and relatively new sweet potato variety developed from heirloom potatoes".

https://ourharvest.com/products/prod...ic-mahon-yams/

You can develop a sweet potato from a regular potato? Fortunately when in doubt I search Tomatoville

http://www.tomatoville.com/showthread.php?t=16536

ScottinAtlanta · February 23, 2023

Quote:

Originally Posted by seaeagle

You can develop a sweet potato from a regular potato? Fortunately when in doubt I search Tomatoville

http://www.tomatoville.com/showthread.php?t=16536

I suppose that genetic testing is the only way to know for sure.

DK2021 · February 25, 2023

Plant patents are out of my usual practice, but generally the patent applicant is supposed to compare the allegedly novel variety with the "closest art" variety, which may be a parent plant, and to provide data that illustrates the differences between the allegedly novel variety and the "prior art" variety.
This does not need to be based on genetic data, and applicants can satisfy this requirement by providing, e.g., field data demonstrating improved yield, or improved disease resistance, or different floral color/structure, etc., etc. But I feel that nowadays there is no reason that one shouldn't provide some genetic data (e.g., sequencing, or at least markers). Sequencing is so inexpensive and fast nowadays--you can get a complete genome sequenced for about $1000 and in less than a week. At least the scientists I work with do so all the time. And that is pretty definitive proof.

Andrey_BY · February 26, 2023

This Russian seed company Partner is crazy about selling foreign OP and hybrid tomato variety seeds by very high prices. So they have been collecting them from different sources abroad and patented in Russia.
Crazy people from crazy country. No laws.

Quote:

Originally Posted by Patrina_Pepperina

My gardening friend in Belarus told me that a big seed company in Russia has patented Grub’s Mystery Green! Patent number 11901 until 2051.

https://reestr.gossortrf.ru/sorts/7952868/

The person who patented it is Vasily Ivanovich Blockin-Mechtalin

Company: https://semena-partner.ru/

He has also done the same to Brad’s Atomic Grape and Barry’s Crazy Cherry and he’s likely to do the same with other varieties no doubt ��

Patrina

MrBig46 · February 26, 2023

Andrey, you are right. I have the same experience.
Vladimír

December 6, 2022	#1
Patrina_Pepperina Cross Hemisphere Dwarf Project™ Moderator Join Date: Jan 2006 Location: New South Wales, Australia Posts: 3,094	Patented in Russia:Grub’s Mystery Green My gardening friend in Belarus told me that a big seed company in Russia has patented Grub’s Mystery Green! Patent number 11901 until 2051. https://reestr.gossortrf.ru/sorts/7952868/ The person who patented it is Vasily Ivanovich Blockin-Mechtalin Company: https://semena-partner.ru/ He has also done the same to Brad’s Atomic Grape and Barry’s Crazy Cherry and he’s likely to do the same with other varieties no doubt 😡 Patrina __________________ Truth is colourful, not just black and white. PP: 2005

December 11, 2022	#3
Fred Hempel Tomatovillian™ Join Date: Dec 2010 Location: Sunol, CA Posts: 2,723	They seem to do things differently in Russia __________________ Artisan Seeds -- www.growartisan.com

February 21, 2023	#6
seaeagle Tomatovillian™ Join Date: Oct 2014 Location: virginia Posts: 733	Oh well Last edited by seaeagle; February 21, 2023 at 12:22 PM.

December 11, 2022	#2
Tormato Tomatovillian™ Join Date: Feb 2006 Location: MA Posts: 4,959	The Green Mystery Of The Grub. Such "rights" appear to be confined to the Russian Federation, exporting to Belarus and K-stan and importing from Germany, all in a tomato that he didn't breed.

December 16, 2022	#4
ScottinAtlanta Tomatovillian™ Join Date: Jul 2011 Location: Atlanta, Georgia Posts: 2,593	The entire standards setting and IP regimes in Russia are open to a little greasing.

February 17, 2023	#5
DK2021 Tomatovillian™ Join Date: Aug 2021 Location: Coastal CT, zone 7a Posts: 163	There was a similar thread last year on Russian "patents" on varieties well-known in other parts of the world. I really do not know how or why Russian requirements for patentability should differ from that in other jurisdictions. On paper at least the Russian Federation is a signatory to the Patent Cooperation Treaty. For an invention to be patentable, the first requirement is that it be novel (new). Novelty is usually evaluated "anywhere in the world". (I am sure a Russian patent examiner would use that standard when examining a patent application filed in Russia by a non-Russian applicant.) But given that this is Russia, I am not surprised that anything seems to be possible.

February 25, 2023	#11
DK2021 Tomatovillian™ Join Date: Aug 2021 Location: Coastal CT, zone 7a Posts: 163	Plant patents are out of my usual practice, but generally the patent applicant is supposed to compare the allegedly novel variety with the "closest art" variety, which may be a parent plant, and to provide data that illustrates the differences between the allegedly novel variety and the "prior art" variety. This does not need to be based on genetic data, and applicants can satisfy this requirement by providing, e.g., field data demonstrating improved yield, or improved disease resistance, or different floral color/structure, etc., etc. But I feel that nowadays there is no reason that one shouldn't provide some genetic data (e.g., sequencing, or at least markers). Sequencing is so inexpensive and fast nowadays--you can get a complete genome sequenced for about $1000 and in less than a week. At least the scientists I work with do so all the time. And that is pretty definitive proof.

February 26, 2023	#13
MrBig46 Tomatovillian™ Join Date: Feb 2013 Location: Czech republic Posts: 2,524	Andrey, you are right. I have the same experience. Vladimír