It gets even more important when it comes to patents. Read this and ask yourself how can the license Carl says he has offer any protection or exclusivness if you can't patent the product you are licensing....LOL... now wonder why Carl say he does not know the inventor but the inventor know of him...LOL.. for Carl's license to have any bite GKG would have to be a genetically modified plant with a patent. Like what Monsanto does. now you know why he does not say what the other plant is, we might just find out the hybred GKG actually occurs in nature just like he said it did.
What Cannot Be Patented? Can I Patent a Living Thing?
It depends. If your invention is a product of nature, it falls under excluded subject matter. However, if your invention does not occur naturally and can only exist through some work on your part, you may be able to get a patent. For example: ¦You cannot patent a species of mouse that you find running around your laboratory ¦You can patent a genetically engineered mouse that you designed for use in cancer research ¦You cannot patent a combination of bacteria with beneficial properties if that combination occurs somewhere in nature ¦You can patent a species of bacteria that you genetically alter to solve a common problem if that form does not occur naturally
Why Can't I Patent a Discovery I Made?
Even if you make a new and useful scientific discovery that no one else has ever thought of, you cannot get a patent on it because you did not actually create the fact you discovered. That fact was always in existence, you were just the first to notice it. However, if you can come up with an invention that makes use of that fact, you can patent the invention. http://www.legalmatch.com/law-library/article/what-cant-be-patented.html
Quote from Carl's PDF
Giant King Grass • Natural hybrid of Pennisetum Purpureum (also known as elephant grass or Napier grass) with another grass