According to Harry Mays, any plant which fits the defined characteristics of a particular cultivar IS THAT CULTIVAR, no matter what its parentage. Apparently even seed grown plants can be a specific cultivar if they fall within its description. Seems crazy to me, but I don't have a copy of the ICNCP to check. I am not aware that a cultivar has to be a specific clone, however. Maybe someone can look it up.
On the other hand, there would be little point issuing plant patents if this were not the case since anyone could say a particular plant had a different origin than the patented one.
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