News | Soya Patent in the Dock
Three cheers for common sense! Even if it has taken over a decade.
The European Patent Office has revoked one of the basic patents on GM soya.
Patent EP0301749, described by it's objectors as “both technically flawed and morally unacceptable”, amounted to ownership rights to just about any genetically transformed soya plant or seed. In its original form, the patent covered transformation using a 'gene gun'. This technique is still widely used and involves bombarding single soya cells in culture with DNA-coated metal particles followed by the regeneration of whole plants from any cells in which some of the engineered DNA has rubbed off; the process can never be anything but random. The patent has been revoked because parts of it weren't new and because the details were not sufficiently described for the invention to be repeatable by others.
This absurdly broad, and obviously vague, patent on life was granted in 1994 to US biotech company, Agrocetus. At the time, Monsanto contested it vigorously with an exhaustive 292-page document which shredded the technical merits of the patent. Monsanto's lawyers stated that it was “not ... novel”, “lacks an inventive step”and that “sufficient disclosure (of scientific method) is woefully lacking”. However, at some point, the Company must have realised it was about to shoot itself in the foot, withdrew its opposition statement, and bought Agrocetus along with its patent.
Since then, green and civil-rights groups have been challenging the patent. It's final demise after 13 years in force represents a tiny reduction in the life of the patent, but it sets a very important precedent. NGO 'No Patents on Life' said “This is an important step against patents on seeds, because it shows that civil society will keep on fighting and can finally succeed even against powerful multinationals.” Greenpeace commented “It is now shown that the Patent Office is granting patents which are covering broad sectors of agricultural diversity without any invention behind. There are many other patents which simply satisfy the greed of companies but do not give benefits to society.
ACTION
Keep this particular ball rolling: ALL patents on life should be revoked and outlawed.
If in doubt about how much it matters, check out PATENT INSANITY – News, April 2007 and www.no-patents-on-seeds.org.
Support the groups which are fighting patents of life, and tell others about them:
No Patents on Life
ETC Group
Greenpeace
Any locally active GM-concern group you can find.
SOURCES
- No Patents on Life Newsletter 3.15.07
- ETC Group News Release 2.05.07 and 3.05.07