News / USA

Biotech Seed Patent Case Goes to US Supreme Court

Monsanto's high-omega-3 soybeansMonsanto's high-omega-3 soybeans
x
Monsanto's high-omega-3 soybeans
Monsanto's high-omega-3 soybeans
The giant American agrichemical and biotech seed company, Monsanto, will be the subject of arguments before the U.S. Supreme Court Tuesday. It's a case that asks: Who owns the offspring of a product that copies itself? The answer could affect the future of genetically modified organisms, as well as emerging software, medicine, and other new technologies.  

Monsanto’s Roundup Ready soybeans are among the most popular crop seeds purchased by American farmers, because they make weed control easy. Spray a field with the company’s popular Roundup weed killer, and just about the only plants left standing are the soybeans, which have been genetically modified to resist the herbicide. More than 90 percent of the U.S. crop includes either this or a competing technology.

But they’re expensive. Indiana farmer Vernon Hugh Bowman thought he would save some money by buying soybeans from his local grain elevator that were destined for animal feed or food processing. That’s according to his attorney, Mark Walters.

"And he figured Monsanto can’t claim to own this grain that’s in the grain elevator because it’s just a mixture of everyone else’s seed. And it’s not really a good source of seed in the first place," said Walters.

But Bowman planted the seeds. They grew. And when he sprayed the plants with Roundup, most of them survived and produced a new crop of soybeans. He saved some of that crop and planted it the next year.

That’s not allowed, says Monsanto. Roundup Ready technology is protected by a patent. Though farmers have saved seed for generations, Monsanto requires them to sign an agreement saying they will not save its patented seeds from year to year. Monsanto says Bowman is making unauthorized copies of its seeds.

But Walters says what Bowman did is perfectly legal under longstanding patent law.

"It’s called patent exhaustion. When somebody claims that they have a patent on something, and you bought it in a sale that was authorized, then the patent rights go away," he said.

For example, when you buy a new phone, you can use it or sell it, however you want. The phone maker has no rights to it anymore.

Bowman argues the same applies to the soybeans in the grain elevator. Monsanto owned the original seed, but once the soybeans were harvested and sold to the elevator, they were fair game.

But others say it is not the same because phones do not make copies of themselves the way seeds do. That’s why patent protection needs to cover the next generation of seeds, too, said Monsanto spokesman Lee Quarles.

"These biotechnologies require hundreds of millions of dollars to develop but can be readily replicated millions of times because they consist of genetic or other easily copied material,” he said.

Other biotech companies outside agriculture are siding with Monsanto, said Cathy Enright with the Biotechnology Industry Organization.

“If you don’t maintain the rights, then there’s no return on the investment for the companies that are developing these products," she said. "And if there’s no return on the investment, why on Earth would they invest?”

If Monsanto loses the case, Enright said, not only would crop development suffer at a time when the world’s demand for food is growing, but so would innovation in vaccines, stem cell therapies and biofuel-producing algae, to name a few.

Any new technology that makes copies of itself could be affected, which is why software makers and other high-tech businesses also are backing Monsanto.

But George Kimbrell with the Center for Food Safety said patents on seeds have helped just a few companies, like Monsanto, concentrate control over the food supply.

“To have the privatization and the concentration of seeds the way we do now is only a few decades old. So this case is the current vehicle that could offer a way to renegotiate that social contract," said Kimbrell.

Kimbrell and others say loosening patent protection would push the balance of power away from the big corporations, and return to farmers a measure of control over one of their primary inputs - their seeds.

The Supreme Court will have the final say in a ruling expected later this year.

You May Like

Polls Open in Scotland Independence Vote

As race to persuade undecided voters continues, 'No' voters say they believe life in Scotland will slowly improve, 'Yes' vote not worth the risk More

South Africa’s 'Open Mosque' Admits Everyone, Including Critics

Open Mosque founder plans to welcome gay worshipers and allow women to lead prayers More

Ukrainian Activist in Despair About Future of Her Country

IrIna Dovgan, accused of being a spy and tortured by pro-Russian separatists, is appealing to UN Human Rights Council to support her country More

This forum has been closed.
Comment Sorting
Comments
     
by: Jacob McCandless
February 16, 2013 1:13 PM
Two legal elements in this case:

First, the "growing" of the seeds is the done by the farmer. Monsanto cannot claim it has an investment here.

Two, the seeds are sold as, well, seeds. The benefit of Monsanto's efforts (GMO advertising sales) are not being infringed upon. There is no loss of sales because these are otherwise ordinary seeds. That they would extend certain benefits to a particular farmer or any farmer is not proven, especially in that the farm did not buy a known GMO seed.


For pondering upon:

Investment in bio-technology has benefits. There are inherent draw backs however in that the world is populated by otherwise non-GMOs. The non-GMO is not required by law to respect GMO's. On the other side of the coin, the admitted deliberate tampering with DNA or other aspects of organisms would introduce a liability.

The patent may only prohibit genetic modification of DNA as Monstano has done. The right to identify and advertise GMO seed would belong to them as proprietary information, trademark, copyright, etc.

A corn is modified. Is the the corn what is grown or is it the modification?

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
A Dinosaur Fit for Land and Wateri
X
September 17, 2014 8:44 PM
Residents and tourists in Washington D.C. can now examine a life-size replica of an unusual dinosaur that lived almost a hundred million years ago in northern Africa. Scientists say studying the behemoth named Spinosaurus helps them better understand how some prehistoric animals adapted to life on land and in water. The Spinosaurus replica is on display at the National Geographic museum. VOA’s George Putic has more.
Video

Video A Dinosaur Fit for Land and Water

Residents and tourists in Washington D.C. can now examine a life-size replica of an unusual dinosaur that lived almost a hundred million years ago in northern Africa. Scientists say studying the behemoth named Spinosaurus helps them better understand how some prehistoric animals adapted to life on land and in water. The Spinosaurus replica is on display at the National Geographic museum. VOA’s George Putic has more.
Video

Video Iraqi Kurdistan Church Helps Christian Children Cope find shelter in churches in the Kurdish capital, Irbil

In the past six weeks, tens of thousands of Iraqi Christians have been forced to flee their homes by Islamic State militants and find shelter in churches in the Kurdish capital, Irbil. Despite U.S. airstrikes in the region, the prospect of people returning home is still very low and concerns are starting to grow over the impact this is having on the displaced youth. Sebastian Meyer reports from Irbil on how one church is coping.
Video

Video NASA Picks Boeing, SpaceX to Carry Astronauts Into Space

The U.S. space agency, NASA, has chosen Boeing and SpaceX companies to build the next generation of spacecraft that will carry U.S. astronauts to the International Space Station by the year 2017. The deal with private industry enables NASA to end its dependence on Russia to send space crews into low Earth orbit and back. Zlatica Hoke has more.
Video

Video Future of Ukrainian Former President's Estate Uncertain

More than six months after Ukraine's former President Viktor Yanukovych fled revolution to Russia, authorities have yet to gain control of his palatial estate. Protesters occupy the grounds and opened it to tourists but they are also refusing to turn it over to the state. VOA's Daniel Schearf reports from Mezhigirya, just north of Kyiv.
Video

Video China Muslims Work to Change Perceptions After Knife Attacks

China says its has sentenced three men to death and one woman to life in prison for a deadly knife attack in March that left more than 30 dead and 140 injured. Beijing says Muslim militants from China's restive western region of Xinjiang carried out the attacks. Now, more than six months after the incident, residents in the city are still coping with the aftermath. VOA's Bill Ide has more from Kunming.
Video

Video Enviropreneur Seeks to Save the Environment, Empower the Community

Lorna Rutto, a former banker, is now an ‘enviropreneur’ - turning plastic waste into furniture and fences discusses the challenges she faces in Africa with raw materials and the environment.
Video

Video West Trades Accusations Over Ransoms

As world leaders try to forge a common response to the threat posed by Islamic State militants in Iraq and Syria, there is simmering tension over differing policies on paying ransoms. In the past month, the jihadist group has beheaded two Americans and one Briton. Both countries refuse to pay ransom money. As Henry Ridgwell reports for VOA from London, there is uncertainty in the approach of some other European nations.
Video

Video Scotland Independence Bid Stokes Global Interest

The people of Scotland are preparing to vote on whether to become independent and break away from the rest of Britain, in a referendum being watched carefully in many other countries. Some see it as a risky experiment; while others hope a successful vote for independence might energize their own separatist demands. Foreign immigrants to Scotland have a front row seat for the vote. VOA’s Henry Ridgwell spoke to some of them in Edinburgh.


Carnage and mayhem are part of daily life in northern Nigeria, the result of a terror campaign by the Islamist group Boko Haram. Fears are growing that Nigeria’s government may not know how to counter it, and may be making things worse. More

AppleAndroid