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[EOR]
[BOC]
You mean the same thing that's been in place for nearly 100 years?

http://www.wikiwand.com/en/Plant_Patent_Act_of_1930

You're saying breeders should have not intellectual property rights?  That's bogus.

Interestingly, Plant patents are one of only 6 types in the US:

     *     Utility Patent-  Issued for the invention of a new and
          useful process, machine, manufacture, or composition of
          matter, or a new and useful improvement thereof, it
          generally permits its owner to exclude others from
          making, using, or selling the invention for a period of
          up to twenty years from the date of patent application
          filing ++, subject to the payment of maintenance fees.
          Approximately 90% of the patent documents issued by the
          USPTO in recent years have been utility patents, also
          referred to as "patents for invention".

    *     Design Patent-  Issued for a new, original, and
          ornamental design embodied in or applied to an article 
          of manufacture, it permits its owner to exclude others 
          from making, using, or selling the design for a period 
          of fourteen years from the date of patent grant.  Design 
          patents are not subject to the payment of maintenance 
          fees. Please note that the fourteen year term of a 
          design patent is subject to change in the near future.

    *     Plant Patent-  Issued for a new and distinct, invented
          or discovered asexually reproduced plant including
          cultivated sports, mutants, hybrids, and newly found
          seedlings, other than a tuber propagated plant or a
          plant found in an uncultivated state, it permits its
          owner to exclude others from making, using, or selling
          the plant for a period of up to twenty years from the
          date of patent application filing ++.  Plant patents
          are not subject to the payment of maintenance fees.

    *     Reissue Patent-  Issued to correct an error in an
          already issued utility, design, or plant patent, it
          does not affect the period of protection offered by the
          original patent. However, the scope of patent protection 
          can change as a result of the reissue patent.

    *     Defensive Publication (DEF)-  Issued instead of a
          regular utility, design, or plant patent, it offers
          limited protection, defensive in nature, to prevent
          others from patenting an invention, design, or plant.
          The Defensive Publication was replaced by the Statutory
          Invention Registration in 1985-86.

    *     Statutory Invention Registration (SIR)-  This document
          replaced the Defensive Publication in 1985-86 and
          offered similar protection. Please note that the America
          Invents Act (AIA), which was signed into law on September 
          16, 2011, repeals provisions pertaining to statutory 
          invention registrations and the issue of these documents 
          will be discontinued.

[EOC]
