Slashdot Mirror
The Supreme Court To Rule On Monsanto Seed Patents
Fluffeh writes "Can a farmer commit patent infringement just by planting soybeans he bought on the open market? This week, the Supreme Court asked the Obama administration to weigh in on the question. The Court is pondering an appeals court decision saying that such planting can, in fact, infringe patents. Last year, the United States Court of Appeals for the Federal Circuit ruled, as it had on several previous occasions, that patent exhaustion did not cover second-generation seeds. The Supreme Court has now asked the Solicitor General, the official in charge of representing the Obama administration before the Court, to weigh in on the case."
I'm sure there's some governing body for Native Americans - they should patent corn and sue Monsanto for all they're worth. It took them thousands of years to "invent" corn and Monsanto replicates and resells this invention without paying any compensation to the inventors.
In all seriousness, corn is probably the most impressively modified plant next to bananas. In its original form it was pretty much just a grain (corn, in fact, is a generic term for grain that's been part of the English language before any English speaker laid eyes on maize).
If any invention is going on here, it's the process by which the seeds are made. A process that's not too disimilar from the way the Native Americans made corn or how Mendal manipulated peas and flowers and whatnot. But what Monsanto is doing is closer to what Mendel did than the Natives. At least with maize its almost wholly different from the original plant. It's like the difference between a great dane and a chihuahua. I live in a rural area and I'm surrounded by things grown from Monsanto seeds. I recognize them as plants that have existed far before Monsanto. They would have to at least start producing something that struck me as a 'new' plant for me to even consider the possibility that it could be patentable, but then I'd still be wary since, as you said, no one builds seeds from scratch.
"From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
Monsanto is so vigorous about defending its Roundup Ready seed patents because they are in a panic about what's happening in plant biology. Here's why.
Once you reach a point that farm weeds are starting to show resistance to Roundup, the game's up for Roundup. Most crops are grown in areas where 95% of the land is under cultivation. So you have virtually all Monsanto's seed sown in large areas that are pretty uniform breeding grounds for weeds. For years, Roundup Ready was a big advantage, because there were just a few kinds of weeds that could survive Roundup spraying. But now we've reached a point where 94% of the farmland is under cultivation with Roundup Ready and it's getting sprayed every year at the weeds' peak vulnerability times with Roundup, putting massive selection pressure on the weeds.
Once you reach a level where 1% of the weeds are resistant, and 94% of them get sprayed with something like 90% mortality, you get a next generation of weed seeds that's about 5% resistant. They year after that it's about 20% resistant. At this point farmers still see some value in Roundup. It still gives them an 80% reduction in weeds. But next year it's about 57% resistant. Now the farmer is frustrated. He sprays and sprays again and curses Monsanto. His crops are OK, but he's not doing as well as the guy down the road who doesn't spray at all but uses other methods for weed reduction.
But Roundup has been his method for 15 years and he's reluctant to try something new.
The next year, 87% of the weeds are resistant to Roundup. He sprays and only a handful of weeds die. He knows he sprayed at the right time. His neighbors are all bemoaning the same problem. "It ain't the Roundup. It's the weeds," one buddy says. "I got some on my grass and it was dead as fuckall the next morning. The weeds have adapted."
Roundup sales plummet mid-year. The company rep calls the feed store. "Farmers ain't buying it no more.," the manager tells him. "They say it don't work no more." It makes headlines across the country.
The next year, Roundup sales are zero, and there's no market for Roundup Ready seeds. Farmers are looking for other seeds that give the best yield on their soil type and moisture level.
The only way Monsanto keeps a money stream on the Roundup product is selling it to city dwellers to kill dandelions and crabgrass. But by now it's adapting in the city as well.
So they either introduce a new plant killer and have a giant campaign to get farmers on board -- farmers who feel screwed by paying for two years of overpriced seeds and worthless chemicals -- or they get out of the seed business.
Unless they can enforce a patent right on every seed that has their gene in it no matter how many generations removed from their production. Because you can no longer find a pure source of seed uncontaminated by their gene. Too many farmers have grown it and it has cross-pollinated into everybody's crop.
And it all sounds richly deserved, but then you realize that the same thing is happening with bacteria that attack our bodies. Only slower, because the breeding ground for those germs isn't under as heavy a pressure.