Part of the reason for the rebellion against gloabalization in "third world" countries is because of issues like this. Western companies, many American, have tried to and in many cases succeeded, in patenting herbs, spices and plants that native people in those countries have used for millenia. These said companies have then attempted to control the growing and use of such said herbs, spices and plants by asking for royalties. Our very own Monsanto is infamous for such behavior. The U.S. patent system is broken, and broken badly.