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In Brief
CONTROVERSIAL MONSANTO SOY PATENT REVOKED
The European Patent Office (EPO) has revoked a patent held by Monsanto on a technique for the genetic modification of soybean plants. In a decision on 3 May in Munich, an EPO appeal board ruled that the patent lacked “novelty” as well as sufficient disclosure, a designation that indicates that a skilled person could replicate the patent.
The far-reaching patent has been opposed since its inception 13 years ago, and is credited with giving Monsanto unprecedented control over the production and sale of GM soybeans. Applying to all species of soybean, it covered a technique for genetically modifying soybean without identifying the gene sequences in question. The patent was protected in 13 of the 32 EPO member states.
Dr Christopher Then, a patent expert for Greenpeace, said the case had shown that “the [EPO] is granting patents covering broad sectors of agricultural diversity with no real invention to back them up.”
The patent was first granted to US biotech company Agracetus in 1994 and was at once “vigorously and formally” opposed by Monsanto itself, along with various environmental groups and agribusiness firms. In 1996, however, Monsanto acquired Agracetus and took control of the patent, which helped them corner 90 percent of the world’s GM soybean market.
The challenge that led to the patent being overturned was launched by the ETC Group, an international civil society organisation based in Canada, with supporting statements from an unlikely combination of Greenpeace, “No Patents On Life!”, and multinational firm Syngenta. The forceful arguments that Monsanto contributed to the original case in 1994 are understood to have been employed against it in the appeal. One such argument came from a top Monsanto scientist who described the patent disclosure as insufficient to allow its replication, which is one of the criteria of patentability,
Since the patent is due to expire in 2008, Monsanto commented that they “do not expect this decision to have an impact” on their business. However, Rainer Osterwalder of the EPO stressed that the ruling will set a precedent for other GM technology patents because “case law is important.”
“GM Patent Rejected After 13 Years,” NATURE, 4 May 2007; “Revoked!! Monsanto Monopoly Nixed in Munich,” ETC GROUP RELEASE, 3 May 2007.
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