STUTTGART, Ark.-(Stuttgart Daily-Leader)--Roundup Ready was a huge event in agriculture. Now another big change is expected in 2014 when Monsanto's patent will expire.
Joel Cape, an attorney with Everett, Wales and Comstock in Fayetteville, was a featured speaker on the issue at Wednesday's Arkansas Seed Growers Association meeting that was held at the University of Arkansas Rice Research Extension Center.
"This is the first time a biotech trait is approaching patent expiration," Cape explained.
DNA is the instruction manual for living organisms, and soybeans have about 66,000 genes. The Roundup Ready gene is called a trait within the man-made chain and is subject to patent protection.
"Each event is the subject of a patent and the last patent covering the Roundup Ready gene is set to expire in 2014," he said. "Monsanto amended its licensing to universities and seed companies that says 'we are going to allow you to use the RR gene in your other line'...and have publicly announced that they are allowing their licenses to go through this."
According to Monsanto, the company is amending all Roundup Ready soybean trait licenses to extend through the final patent expiration. The last crop year for Monsanto to collect royalties on the technology is 2014.
At that time licensees have no obligation to destroy or return seed due to expiration of the Roundup Ready soybean trait licenses. Monsanto will not use variety patents against U.S. farmers who save varieties containing the Roundup Ready trait for planting on their own farms.
But farmers will need to check with seed suppliers regarding the policy for seed varieties developed by other companies that contain the Roundup Ready trait.
Monsanto will maintain full global regulatory support for this first-generation technology through 2021, which will allow grain from the 2014 crop to be sold and processed.
"We will continue to monitor and assess the planned use of this first-generation technology beyond 2021 and work with appropriate stakeholders on any extension of regulatory support that may be needed," the company says.
Universities will also be able to offer soybean varieties containing the Roundup Ready trait. A number of universities have been breeding with the Roundup Ready soybean trait for a number of years, and they will be able to continue this both now and following expiration of the patent.
The biggest news that comes from this is that Monsanto will not use variety patents against U.S. farmers who save soybean varieties containing the Roundup Ready trait for planting on their own farms after patent expiration.
