Soybean variety 01098104

David L Price, Eureka, MO (US); Joseph Jedlicka, Ballwin, MO (US)

USPTO: us-12642240 · published 2026-06-02 · patents · A01H 6/542· A01H 5/10

Soybean variety 01098104

Joseph Jedlicka, Ballwin, MO (US) , David L Price, Eureka, MO (US) This is my paper

Pith reviewed 2026-06-04 18:02 UTC · model grok-4.3

classification patents A01H 6/542A01H 5/10

keywords soybean varietyplant patentseed depositGlycine maxvariety 01098104

0 comments

The pith

The patent claims a new soybean variety whose seeds are preserved under accession number 202306033.

A machine-rendered reading of the paper's core claim, the machinery that carries it, and where it could break.

The document asserts ownership of soybean variety 01098104 by describing a living plant whose seeds have been deposited in a public repository. A sympathetic reader would see this as establishing legal rights to propagate, sell, and license that exact genetic line. The claim matters because it converts a biological entity into protected intellectual property that can shape seed markets and farm practices.

Core claim

A plant of soybean variety 01098104 exists, and representative seed of that variety has been deposited under NCMA Accession No. 202306033, thereby defining the variety for patent purposes.

What carries the argument

The deposited seed accession, which serves as the physical reference that fixes the identity and uniformity of variety 01098104.

If this is right

Seed companies can license or sell 01098104 under exclusive rights tied to the accession.
Farmers who buy the seed are bound by any use restrictions stated in the patent.
Breeders must obtain permission before crossing 01098104 into new lines if those crosses fall within the claim scope.

Where Pith is reading between the lines

These are editorial extensions of the paper, not claims the author makes directly.

Other soybean varieties with similar maturity or disease-resistance profiles may face indirect market pressure once this one is commercialized.
Public repositories holding the accession become de-facto gatekeepers for verifying future infringement disputes.

Load-bearing premise

The deposited seeds represent a stable, distinct, and uniform variety that satisfies the legal criteria for plant patent protection.

What would settle it

Growth trials showing that plants grown from the deposited seeds fail to match the claimed varietal traits or produce progeny that segregate beyond acceptable uniformity limits.

read the original abstract

1 . A plant of soybean variety 01098104, wherein representative seed of said soybean variety have been deposited under NCMA Accession No. 202306033.

Editorial analysis

A structured set of objections, weighed in public.

Desk editor's note, referee report, simulated authors' rebuttal, and a circularity audit. Tearing a paper down is the easy half of reading it; the pith above is the substance, this is the friction.

Desk Editor's Note private letter to a colleague

This is a standard plant-patent filing that rests entirely on a seed deposit and contains no data or analysis to review.

read the letter

The document is a single-sentence claim for soybean variety 01098104 backed by NCMA deposit 202306033. That is the entire content. No traits, yield data, molecular markers, or comparisons to existing lines appear anywhere in the text. The filing therefore adds nothing that a reader can evaluate for distinctness, uniformity, or stability beyond the legal presumption created by the deposit itself. Patents of this type are routine; the accession number supplies enablement under plant-patent rules, but it supplies no scientific result. There are no equations, no methods section, and no empirical assertions that could be checked or falsified. The work is therefore not a candidate for scientific peer review. A plant breeder or seed company might still want to know the accession exists for commercial reasons, yet the text gives them nothing further to work with. I would not bring it to a reading group, would not cite it, and would not send it to referees. It is simply a legal instrument, not a research contribution.

Referee Report

1 major / 0 minor

Summary. The manuscript consists of a single claim asserting a plant of soybean variety 01098104 whose representative seed has been deposited under NCMA Accession No. 202306033. No methods, data, phenotypic descriptions, or comparative trials are presented.

Significance. The result, if legally valid, secures plant-patent protection via the seed deposit; however, the document supplies no scientific measurements, breeding history, or performance data that would constitute a contribution to the agronomic or genetic literature.

major comments (1)

[Abstract / Claim 1] The sole claim (abstract and full text) is a legal assertion whose enablement rests entirely on the physical deposit rather than on any reported data or derivation; no section supplies the morphological, agronomic, or molecular characterization normally required to substantiate distinctness, uniformity, and stability in a scientific context.

Simulated Author's Rebuttal

1 responses · 1 unresolved

This document is a U.S. plant patent application (US 12,642,240) whose sole purpose is to secure legal protection for soybean variety 01098104 via seed deposit under the Budapest Treaty. It is not a scientific manuscript and therefore contains no agronomic data, methods, or comparative trials; those elements are neither required nor appropriate for the legal instrument being filed.

read point-by-point responses

Referee: [Abstract / Claim 1] The sole claim (abstract and full text) is a legal assertion whose enablement rests entirely on the physical deposit rather than on any reported data or derivation; no section supplies the morphological, agronomic, or molecular characterization normally required to substantiate distinctness, uniformity, and stability in a scientific context.

Authors: The observation is factually correct: the document consists solely of the statutory claim language enabled by the NCMA deposit. Under 35 U.S.C. § 112 and the Budapest Treaty, a seed deposit is an accepted means of enabling a plant-variety claim; publication of phenotypic or molecular data is not a statutory requirement for patentability. The absence of such data therefore does not constitute a defect in the patent application. revision: no

standing simulated objections not resolved

The referee evaluated the submission under scientific-publication standards rather than U.S. patent-law standards; this mismatch cannot be resolved by revision of the patent text itself.

Circularity Check

0 steps flagged

No significant circularity

full rationale

The document is a standard plant-patent claim whose enablement is supplied solely by the physical NCMA seed deposit (Accession No. 202306033). No equations, derivations, fitted parameters, predictions, or self-citations appear anywhere in the text, so none of the enumerated circularity patterns can apply.

Axiom & Free-Parameter Ledger

0 free parameters · 1 axioms · 0 invented entities

The patent claim rests on the legal convention that a seed deposit adequately defines a plant variety; no free parameters, mathematical axioms, or invented physical entities are introduced.

axioms (1)

domain assumption A deposited seed sample legally defines a distinct soybean variety for patent purposes.
Standard requirement in plant patents; invoked by the abstract's reference to NCMA accession.

pith-pipeline@v0.9.0 · 5557 in / 989 out tokens · 32598 ms · 2026-06-04T18:02:30.646095+00:00 · methodology

Soybean variety 01098104

Core claim

What carries the argument

If this is right

Where Pith is reading between the lines

Load-bearing premise

What would settle it

discussion (0)