I’m sure they were delighted that the transgenes aren’t heritable. This not only greatly reduces the risk of environmental escape (and eases the severity of certain regulations), but also allows them to corner the market on “blue” roses (since the transformation process is replicable in other varieties they may have traditionally bred).
I would not be inclined to buy a rose I could not use to hybridize with. My space is too limited for that. Thanks for the heads up.
Joan Richardson
Same here, and just as importantly, I won’t support that behavior by giving them my money. The dollar in my hand is one of my most valuable “votes”. It is THE one which counts. People can and will say anything, but it’s what they put their money behind that does and says it all.
I’m sure they were delighted that the transgenes aren’t heritable.
The chimerism may not have simply been fortuitous.
The original engineering for the blue rose occurred more than two decades ago iirc. Assuming the transformation was heritable, how difficult would it be to subsequently create a chimera using the transformed tissue?
Quite right. We don’t need no replay of the Percy Schmeiser drama in our corner of horticulture. This kind of engineering should be discouraged.
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I have loved reading the many thoughts about the utility patent for PKO. I hope that someone does try breeding it with ‘Applause’. It would be an interesting experiment to cross it both ways… 
So… when will we know if the utility patent is granted or is the application going to be withdrawn after all? Anyone who knows more?
The last round of responses by the USPTO was pretty damning of the utility application. It is unclear whether the final utility patent will be a severely neutered version or if it will be rejected completely. The claims had too many hurdles and rules to overcome that could not be argued out of. I would consider this application as an expensive fact-finding mission in order to push the envelope.
What is strange to me, especially as millenials increase in purchasing power, is how brazenly bold Star Roses is to state to the world they are doing this type process when it is heavily frowned upon by the public in similar instances.
Dear Pacificjade,
Is there a link for us to read the responses? Thanks for the update.
No, but it can be viewed through the USPTO through the appropriate channels. The entire history of interactions over that application is there.
As it seems, they are continuing the procedure. I thought the MEILLAND family didn’t want to proceed with chasing a utility patent, but apparently The Conard Pyle Company (Star Roses and Plants) has filed this document: https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/20220248628
(published 11 August 2022)
I found this by searching for MEIBENBINO at Patent Public Search Basic | USPTO
Do they have scientific proof of this and what standard they use to give a definition on “flower power”. Because some of the roses in my garden have a lot “flowerpower”. Did they count flowers or such?
I can’t seem to find the history of interactions, any idea how to find this?
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When a name rose seller has a loss of crop or product not ready until later, they count on the amateur breeder to fill the gap. What are your chances if you don’t sign on to their industrial patent process. Will you say no then? Our introductions need a new, different approach to market. Prolly by a nonprofit producing something like an AARS and making/marketing the winners available to small growers and nurseries.
USPTO made it harder to look at records, even with an account. I dont know why they changed things, and it even messed up HMF patent links. However, USPTO has over 20 records of that rose alone that are not the patent itself. It records communications sent and received about the patent in their records. Every patent after 2013 has this, but you have to dig to find them. Fun fact: Heart Song’s patent is absolutely wild. It was nearly canceled due to prior art.
Right now, when I try to look up these patents, I get this:
“No live SolrServers available to handle this request”
When I try to log in with my personal account, it says this: " Not Found
The requested URL was not found on this server."
This happens regardless of whether or not I have my browser shields up, and happens every time I log in. When I try to see what “No live SolrServers available to handle this request” means, I see a lot of programmer forums saying that something is quite wrong. I dont understand their lingo, as I am not a programmer, but it seems agreed that something is wrong in the data sharing.
This has been going on ever since USPTO changed their system between now and a year ago.
So I cannot currently show you, because I would.
It was working this morning. My search limit has been reached so I had to stop, but https://patentcenter.uspto.gov/applications/17676522/ifw/docs?application= was working for me under my own USPTO account.
What is peculiar to me is that this is ongoing. When I last saw, this was concluded in 2022. Did they start the utility patent completely over? I dunno. It is very hard to follow ever since USPOT ditched Public/Private Pair in favor of logging into Patent Center with your own assigned USPTO number.
I’ll attach the final rejection though. The saga of this ugly as sin rose is kinda funny.
For those unaware, a plant patent is a single claim. A utility patent is 1+X claims. There are other differences, but in this case a rejection can just mean full or partial rejection of certain claims and not the patent itself.
I used a free PDF uploader, so use your browser shields as you see fit. I used Brave Browser + Privacy Badger + AdBlocker for safety.
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I found this rose is neither well in bloom quantity nor bloom frequency, but a single flower is very long lasting. It is really short and compact, but seems a very slow grower. It really looks like a plastic flower.