Yep, seems to be about that way. I've got some blue tomato seed that has no patents on it (Dancing With Smurfs, actual name), and no one makes a fuss about it. I don't see what their point is here. I was about to mod you up but since I actually work with plant breeding think I'll give my own 2 cents instead.
The claim in TFA about being worried about no more germplasm is totally ridiculous. With my blue tomatoes I've got a bunch of heirloom varieties of things (Blue Jade sweet corn, Dragon Tongue bean, Red Kuri squash, Giant Prague celeriac, Star of David okra, and lots more) that can in no way be patented. They are there, and as long as people keep propagating them they'll always be there, free to use. Furthermore, the patents on plants do expire; Honeycrisp apples used to be pateneted, but they're not anymore (by the way, that patent brought in tons of money to the program that developed it, allowing them to develop some other pretty amazing varieties). And Monsanto (because everyone brings up Monsanto) is not an exception here; their first Roundup Ready soybean goes off patent in a few months. That means this very year, farmers can, if they choose, save that variety and plant it for the 2015 crop. I really can't see the problem people have with these sorts of patents, isn't that how things are supposed to work? Develop, patent, recoup losses, then the invention falls to the public domain, and the profit is reinvested for new innovations (ex. SnowSweet apples and DroughtGard corn). Don't like patented plants? Fine, don't grow them, problem solved. And with the 'farmers sued for cross pollination' thing being a myth (no, accidental cross pollination is not the same as intentional selection any more than making a home movie is the same as recording a film in a theater and selling it), so I really don't get the Monsanto hate people are inevitably going to flame up with this. The vast majority of the reasons they are demonized for are nothing but lies, and yet somehow, Monsanto is still the bad guy here, not the weasels lying and being emotionally manipulative to make an extremely important technology look evil via guilt by proxy.
Additionally, I am envious of these guys if they have a program that has enough money to release things for free, although reading TFA it seems like they will be picking and choosing which is released for free and which is patented, indicating this is just a way to get some good publicity out of things that would otherwise be discarded. I work with a breeding project and you can bet whatever comes out of it will be patented, not because I'm out to get rich (we'd all go corporate if money was the prime concern) but because there is not enough funding for public agriculture research. You think we want to? We don't, but breeding programs need funding. That's a fact of life. Times are hard for funding, and sometimes it seems the only time the public stops long enough to pay attention is to demonize us for saying GMOs don't cause cancer, or autism, or whatever the hell the denialists and conspiracy theorists are prattling on about today. Maybe if everyone called up their local congresscritters and other politicians and demanded more funding for their land grant universities and public agriculture research that wouldn't be the case. Ever been to a corporate lab? Well I have, and it'd be great to have the equipment they can afford. But hey, go on attacking Monsanto and other private breeders for trying to support themselves (anyone think pluots just magically appeared? Someone spend a hell of a lot of time and effort developing those, nice to hear from the anti-plant patent crowd that they deserve to get screwed over for it), I'm sure hurting them will make all the actual problems magically disappear.
All that aside, its damned cool that they're working with quinoa breeding. It's about time we see a stronger focus on quinoa breeding. Now if only teff, amaranth, sorghum, millet, manoomin, fonio, chia, and Job's tears programs will follow...