Monsanto’s climate-resilient crop patent claims rejected

[kpete]

Source: The Economic Times

Monsanto’s climate-resilient crop patent claims rejected
By Sanjay Vijayakumar, ET Bureau | 10 Jul, 2013, 04.06AM

http://economictimes.indiatimes.com/thumb/msid-20995878,width-310,resizemode-4/monsantos-climate-resilient-crop-patent-claims-rejected.jpg
India’s patent appeals board has denied Monsanto a patent for a genetically-engineered method of increasing climate resilience in plants.



CHENNAI: India's patent appeals board has denied MonsantoBSE 0.25 % a patent for a genetically-engineered method of increasing climate resilience in plants. The decision is significant not only for Monsanto's loss of possible exclusivity in an increasingly important segment but also for the interpretation of India's home-grown clauses in patent law — these are unpopular with global companies — for the first time in the case of plants.


The Intellectual Property Appellate Board, in rejecting the American seed company's patent claims, said the technology is merely a discovery of a new property of known substance and not an invention under Section 3(d) of the Indian Patent Act. Section 3(d) is the same Section under which the Swiss drug-maker Novartis' patent claim for its cancer drug Glivec was rejected. An appeal was turned down by the Supreme Court in April. Developing countries are looking to include this clause in their own patent laws.


Monsanto's method of "enhancing stress tolerance in plants and methods thereof" has already been accepted in the US and Europe. "This is the first time Section 3(d) has been used on plant patents, and its implications are farreaching," said environmentalist Vandana Shiva. This is also the first judgement citing Section 3(j), which specifies that plants and animals aren't patentable.

Monsanto, which earned over $13 billion in revenue last year, played down the decision while its baiters welcomed it. In an emailed statement, Monsanto said the company is in the process of evaluating possible actions with its advisers, but does not foresee any special implications from this decision.

Read more: http://economictimes.indiatimes.com/news/economy/agriculture/monsantos-climate-resilient-crop-patent-claims-rejected/articleshow/20995862.cms

[Civilization2]

1. Great news! These corporate claims to ownership of everything, including life, are EVIL and wrong!

"merely a discovery of a new property of known substance and not an invention"

They take credit for "inventing" things that simply exist in nature,. patents are being abused to the point of absurdity and we must not stand for it! Bravo to India for standing up against corporate greed. More please.

[avaistheone1]

2. Hurray for India seeing these charlatans.

k&r

[Curmudgeoness]

3. Excellent decision.

I sure wish that our country would follow suit. Too bad I don't see that happening....and that is probably why Monsanto does not "foresee any special implications". They know that they own the USA.

I find it interesting that India is where they are actually are making sense.

[MotherPetrie]

4. K&R

[NickB79]

5. Before anyone gets too excited.....

This ruling doesn't mean that these new GMO seeds won't be developed and planted. It just means that Monsanto can't maintain a monopoly on them.

So, expect "generic" versions of these drought-tolerant crops to be brought to market (probably by one of India's own biotech companies) in the near future.

If anything, this ruling might make GMO crops MORE widely used simply because the cost of seed would be expected to drop if generic versions were released.

Given the crazy weather extremes we've been seeing lately as climate change increases, there is no way crop genetics like this will be left to gather dust on the shelf somewhere.