It may be difficult but that doesn't mean one gives corporations this sort of strangehold on the industry. Let's take a close example, rose hybridization. Mos

It may be difficult but that doesn't mean one gives corporations this sort of strangehold on the industry. Let's take a close example, rose hybridization. Most new popular rose hybrids are protected under ordinary plant patents. If you want to grow the plant you need a plant patent license to do so and buying a plant at a store gives you this. There need not be an explicit license from anyone but the one who actually makes the clones. This is a good balance because the plant patent act does not reach sexual reproduction. One does not need a plant patent license to hybridize two other patented varieties (rose hybridization is hard too). This means that the plant patent is very limited in scope. Transgenic patents which cover sexual reproduction however are largely unlimited in scope and therefore very dangerous and it is for this reason that Monsanto should lose unless Congress speaks clearly that such may be patented.