Public Patent Foundation Formally Requests Review and Revocation of Four Patents on Genetically Engineered Crops
2 Oct 2006
The Public Patent Foundation (PUBPAT) has petitioned the U.S. Patent and Trademark Office (USPTO) to review four patents on genetically engineered crops held by Monsanto Company. PUBPAT is seeking the revocation of those patents on the grounds that "prior art" identified by the Foundation demonstrates that the patents did not meet the USPTO's criteria of non-obviousness.
As one of the criteria for the granting of a patent by the USPTO, non-obviousness in this particular case is being challenged by PUBPAT, which is asserting that the contents of the patents in question were obvious as a result of the scientific work of previous inventors.
Monsanto Company, however, has filed several infringement lawsuits against multiple farmers in the United States with respect to the four patents in question, claiming that they violated corporate provisions that prohibit farmers from saving seedstocks between growing seasons. Meanwhile, in its most recent press release concerning its filings before the USPTO, PUBPAT has referred readers to a 2005 report by the Washington, DC-based Center for Food Safety, in which lawsuits by Monsanto against American farmers are cited in detail.
Ultimately, this matter could hinge upon the accuracy of the material submitted by PUBPAT in relation to the Center for Food Safety's 2005 report. Thus, the outcome of PUBPAT's filing before the USPTO remains speculative at this time.
Source: ag-IP-news. PUBPAT challanges Monsanto patents being used to bankrupt American farmers. October 2, 2006. [Online]
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