Print This PageSeeds and Patents
The film, Food, Inc., briefly raises the issue of patents on seeds in the United States. The patenting of seeds was first permitted under the Plant Patent Act of 1930. Since that time the law has developed as technology has advanced. Patents – whether on new plants or biotech traits – allow the creator of the technology the opportunity to commercialize their innovation and to obtain a return on their investment of time and money.
Food, Inc. Fiction: The film states/suggests that the ability to patent plants and living organisms came into being only in the 1980s.
Truth: Plants have long been subject to provisions of U.S. patent law, and plants were patented long before the 1980s.
It is true there have been a number of court challenges relative to the patenting of plants since the 1980s. All have found patent protection provisions do indeed apply to plants.
The ability to secure some intellectual property protection with respect to plant-related inventions is common in most developed countries. Patents encourage and reward innovation. If plant breeders were not able to protect the plant varieties they develop from unauthorized reproduction, there would be less incentive for them to develop improved plant varieties.
Questions: Do you have additional questions about Monsanto’s position on Food, Inc.? Please contact us and we will do our best to respond in a timely manner.
