I'm sorry, I should have been clearer on that statement. It is my understanding that Propagation Rights are protected for a certain period of time on a plant. In order to claim that right, the plant in question must have a complete lineage including all hybrids and cultivars along with all species info. All of that is listed in the above releases
I see no way that jberry33 could provide that info and it be accepted by USDA given that University of Mississippi had already established the parentage of Ebony Flame. It appears that U of Ms held the asexual propagation rights on the burgundy leaved Lagerstroemia indica( Ebony series) in bloom colors listed in the above release and this now allows growers and nurserymen to propagate these plants and if I understand correctly, to use these particular plants to cross and hybridize others.
Berry Nursery could not patent something he had merely changed the name of, which I am pretty sure was the reason for the trade-marked name Black Diamond. It seems to lend authenticity to those plants being his "work"
This link gives info on patents for plants
http://www.patentlens.net/dais...
