You can't patent something that is in common use, you can only patent specifics.
I tried to patent a logo once but because it contained a symbol that was commonly used by lots of the public I wasn't permitted to patent it. I had to develop a unique symbol.
It would be the same with seeds. They couldn't patent ordinary everyday Tomato seeds but they could patent the seeds for a genetically modified plant that produced black tomatoes with white and red spots on them.
The danger is that the modified and patented product cross polenates the free unpattented product and makes the unpattented product sterile. Then over a number of years only the pattented variety remains.
You will all have to come to NZ then as we will not allow GE modification etc and we try and keep everything natural.
We as a planet aren't winning though as the banana has been so interbred to remove the seeds from the fruit that the latest varieties are sterile and it is getting harder and harder to get seeds. This isn''t a patent problem or a modification problem but is the direct result of constant manipulation of natural reproduction.
Yep.....Thats it in a nutshell...... a genetically modified nutshell.......
And here's something to scare you a bit more....a bird eats some tomato and seeds, and on its return to NZ poops out a modified seed, and you can work out the rest......
SEED MODIFICATION SHOULD BE ILLEGAL.....