Identification of seeds or plants using phenotypic markers

Abstract

Utilizing phenotypic markers in seeds or plants to allow qualitative detection of a proprietary trait in the harvest, to allow a quantitative calculation of the amount of the trait, and to facilitate the calculation and collection of fees for the trait. The phenotypic markers of the seeds can be the seed coat color, and said seeds can be homozygous or heterozygous for the phenotypic difference of seed coat color. Commercial cultivars of seeds with the phenotypic difference of seed color may be grown to include several different seed colors. Trait fees may be assessed on all grain with the proprietary trait, whether the grain was produced from purchased seed or from seed saved from a previous harvest.

1 - 23 . (canceled) 
   
   
       24 . A method of generating seeds of a cultivar that are homozygous and heterozygous for coat color, the method comprising:
 mixing herbicide resistant, secondary colored seed coat seeds, with non-herbicide resistant primary colored seed coat seeds to form a first seed mixture;   planting said first seed mixture in a field;   bulk harvesting the field to produce a second seed mixture;   planting the second seed mixture;   spraying the field with the herbicide for which herbicide resistance exists for the herbicide resistant seeds;   harvesting the remaining seed to produce a herbicidally culled seed mixture;   separating, in the herbicidally culled seed mixture, seeds with primary colored seed coat from the other seeds, through the use of a color sorter; and   retaining the separated primary color seeds, which are homozygous and heterozygous for coat color.   
   
   
       25 . The method of  claim 24 , wherein the cultivar is soybean, canola or wheat. 
   
   
       26 . The method of  claim 24 , wherein the cultivar is soybean. 
   
   
       27 . The method of  claim 26 , wherein the primary seed coat color is yellow. 
   
   
       28 . The method of  claim 24  wherein the secondary seed coat color can be determined by measuring the total light reflectance with a near-infrared spectrophotometer for wavelengths from 550 to 650 nanometers or by optical scanning technology. 
   
   
       29 . The method of  claim 26 , wherein the secondary seed coat color is homozygous black. 
   
   
       30 . The method of  claim 29 , wherein the homozygous black seed genotype is RRiiTT. 
   
   
       31 . The method of  claim 24 , wherein the ratio of secondary coat color seed to primary coat color seed in the first seed mixture is about 10/90 to 90/10. 
   
   
       32 . The method of  claim 24 , wherein the ratio of secondary coat color seed to primary coat color seed in the first seed mixture is about 50/50. 
   
   
       33 . The method of  claim 24  wherein the first seed mixture is planted on a field at least one hectare in size. 
   
   
       34 . The method of  claim 24  wherein the second seed mixture is planted at a higher seeding rate than the first seed mixture. 
   
   
       35 . The method of  claim 24  wherein the second seed mixture is planted at double the seeding rate of the first seed mixture. 
   
   
       36 . The method of  claim 42 , wherein 0.1% to about 10% by weight of the separated primary coat color seeds are mixed with generic seeds containing said trait of interest. 
   
   
       37 . The method of  claim 24 , wherein the separated primary coat color seeds are replanted once to produce an additional generation of seeds that are homozygous and heterozygous for coat color. 
   
   
       38 . The method of  claim 24 , wherein the separated primary coat color seeds are replanted up to five times to produce additional generations of seeds that are homozygous and heterozygous for coat color. 
   
   
       39 . The method of  claim 36 , wherein 0.1% to about 10% by weight of the separated primary coat color seed is mixed with said generic seeds to prevent the sorting out of seeds that are homozygous and heterozygous for coat color. 
   
   
       40 . The method of  claim 29 , wherein the genotype for the secondary seed coat color comprises the ii genotype. 
   
   
       41 . The method of  claim 26 , wherein the separated primary color seeds comprise the ii or Ii genotype. 
   
   
       42 . The method of  claim 24 , wherein said non-herbicide resistant primary colored seed coat seeds comprise a trait of interest. 
   
   
       43 . The method of  claim 42 , wherein the trait of interest is a genetically modified trait. 
   
   
       44 . The method of  claim 24 , wherein the secondary colored seed coat seeds are herbicide resistant by virtue of comprising a genetically modified trait. 
   
   
       45 . The method of  claim 44 , wherein the genetically modified trait is glyphosate resistance. 
   
   
       46 . The method of  claim 45 , wherein the herbicide is glyphosate.