They made a new varietal. Nobody is saying he can't plant any of the standard heirloom Nectarines. The patent will expire in a while, and then anyone can do it.
Honestly, how are you proposing incentivizing developing new varietals if nobody can have patents on any breeds at all? This is how it has worked for half a century and mild gripes aside, the quality of the produce in stores is WAY WAY BETTER than it was before (seriously, what is the last time you ate a Red Delicious apple?)
Have like... some awareness of the large functioning important system you are mindlessly breaking with throwaway comments.