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

Obama: I Will Do 'Everything I Can' to Close Guantanamo

US president says prison continues 'to inspire jihadists and extremists around the world' More

Sierra Leone Educates on Safe Ebola Burials

Also, country is improving at rapid response to isolated outbreaks, but health workers need to be even faster, officials say More

Christmas Gains Popularity in Vietnam

Increasingly wealthy Vietnamese embrace holiday due to its non-religious glamor, commercial appeal 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.
US Decision on Cuba Underscores Divisions Among Miami Cubansi
X
Sharon Behn
December 19, 2014 9:34 PM
For decades, older, more conservative Cubans have been gathering at Café Versailles on the corner of Calle Ocho to eat Cuban food and talk politics. After hearing of President Barack Obama’s decision, a number of them gathered in front of the café with posters to protest. VOA's Sharon Behn reports on the situation.
Video

Video US Decision on Cuba Underscores Divisions Among Miami Cubans

For decades, older, more conservative Cubans have been gathering at Café Versailles on the corner of Calle Ocho to eat Cuban food and talk politics. After hearing of President Barack Obama’s decision, a number of them gathered in front of the café with posters to protest. VOA's Sharon Behn reports on the situation.
Video

Video Three Cities Bid for Future Obama Presidential Library

President Barack Obama still has two years left in his term in office, but the effort to establish his post-presidential library is already underway. The bid for the Obama Presidential Library is down to four locations in three states -- New York, Hawaii, and Illinois. As VOA’s Kane Farabaugh reports, each of them played an important part in the president’s life before he reached the White House.
Video

Video Cuba Deal is Major Victory for Pope’s Diplomatic Initiatives

Pope Francis played a key role in brokering the US-Cuba deal that was made public earlier this week. It is the most stunning success so far in a series of peacemaking efforts by the pontiff. VOA religion reporter Jerome Socolovsky has more.
Video

Video Fears of More Political Gridlock in 2015

2014 proved to be a difficult year politically for President Barack Obama and a very good year for the U.S. Republican Party. Republican gains in the November midterm elections gave them control of the Senate and House of Representatives for the next two years -- setting the stage for more confrontation and gridlock in the final two years of the Obama presidency. VOA National Correspondent Jim Malone has a preview from Washington.
Video

Video Sudan School Becomes Target of Aerial Attacks

The school dropout rate is at an all-time high in Sudan's South Kordofan state because many schools have been destroyed during the three-year civil war between the government and SPLA-N rebel forces. Adam Bailes visited Sudan's Nuba Mountains' region and reports many children are simply too scared to go to school
Video

Video VOA Reporter Tours Devastated Peshawar School

Islamist militants wearing military uniforms and strapped with explosives attacked a military run school Tuesday in the northwestern Pakistani city of Peshawar. At least 141 people were killed in the horrific attack, most of them young students. VOA reporter Ayaz Gul visited the devastated school and attended the funeral of the principal who courageously tried to save her students from the deadly attack.
Video

Video Nigerians Fleeing Boko Haram Languish in Camp Near Capital

In its five-year effort to impose Islamic law in northeastern Nigeria, the Boko Haram extremist group has killed thousands of people and forced hundreds of thousands to flee. Some of those who ran for their lives now live in squalor on the edges of the capital, Abuja. Chris Stein reports for VOA.
Video

Video Aceh Rebuilt Decade After Tsunami, But Scars Remain

On December 26, 2004 there was an earthquake in the Indian Ocean so powerful it caused the Earth’s axis to wobble a few centimeters. Onshore on the island of Sumatra, the resulting tsunami was devastating. A decade later, VOA Correspondent Steve Herman reports from Banda Aceh, Indonesia, where although there is little remaining evidence of the physical devastation, the psychological scars among survivors remain.

All About America

AppleAndroid