If they want to patent a variety…they’ll actually have to develop a new distinct one. That will probably take years and involve a ton of work.
They can’t just say “we submitted patents on the ECSD clone no one can grow it anymore without paying us”.
IDK, I’m not worried about it. It’s not possible to patent heirloom varieties that existed well prior to their business incorporation. Burpee might patent a specific type of beefsteak tomato they developed…but anyone can still grow beefsteak tomatoes.
Half of all beers drank are Bud, Miller, Coors…but anyone can brew a lager style beer.
The real fight you need to worry about is lobbying for legal home growing with no plant counts. That’s what the suits REALLY are after. It isn’t the specific plants that are important, it’s about eliminating their competition with the stroke of a pen, and keeping the number of licenses to grow at a minimum. Every guy who gifts their uncle a jar of weed they grew themself is lost profits and taxes.