I’m not sure how I think about this, I can see both sides. Ever go to a tree & plant nursery? You probably have bought Rose plants if you are a home owner, maybe a fruit tree or two also. Guess what? Most all of the nursery produced plants are patented. It is listed right on the label it is called P.P.A.F. and it will list a number and the warning this plant is prohibited for reproduction without a license.
It has been that way for many moons. Roses are marketed as “Patented Roses” in many outlets. Commercial and hobby plant breeders apply for a patent so they can send their product out to the vast network of growers nation and worldwide and get paid for their inventions while the consumer enjoys the fruit of the patent holder’s talents.
How is this different?
>> “How is this different?” <<
Did the seed have “Thou shalt not plant” stenciled on it?
If they sold it without binders and disclaimers, it would be the merchant, not the grower that erred.