RE: [tomato] Re: Red Savina Habanero Pepper (
Thu, 1 Apr 1999 00:21:27 -0500

Doreen wrote:
In all fairness, it is easy for
the developer of an Op variety to lose all rights and profits.  Tom Wagner
of Tater'Mater is a good example of that.  All the wonderful tomatoes like
Schimmeig Stoo, Green Zebra and Green Grape he developed--the profits went
to others.

So true. And they are all three GREAT tomatoes!

BTW, I thought that OP varieties could not be patented, only
hybrids.  Has this changed or am I mistaken?

An OP variety can be covered by PVP--Plant Variety Protected. Various
cultivars of shrubs and perennials are covered by PVP. It's a reasonable
mechanism to provide some degree of protection for the individual/company
that made the initial investment of time, talent and $ to develop a new
variety and bring it to market.