Patents on Plants – How it affects every living species on the Planet
Agra-Giants like Monsanto, Dow and Cargill are desperately racing to secure patents on new plant varieties, hybrids, DNA and seeds. If they are successful, it will open the door for complete domination of the food supply. Gone will be the day of the mid-level seed supplier and any control of which seeds farmers can plant; which translates into the consumer being at the mercy of big corporations for their sustenance.
Some of the questions that you may be asking yourself are: How did this get started in the first place? Are plants really patentable? How does this affect me and my pet?
The 1st patents on plants happened in 1930. Amidst all the legal wrangling that followed, critics challenged the ruling by asking the simple question: Plants are naturally occurring. How can you patent something that is the birthright of all living species? Breaking down the semantics a little further uncovered the actual truth. Plants may only receive patent protection if they are asexual producing. In other words, they must be propagated by means other than by seeds Things like: hybrids, cuttings, grafts, new varieties and buddings would satisfy the criteria. Many of the early plant patents were flowering varieties like: roses, azaleas, mums, etc. For example, a grower might cross (2) different varieties of roses that would produce a stronger, healthier hybrid that would have broader leaves with more delineation. This would be a patentable plant. It was asexually propagated from original stock, shows new characteristics and is identified as a F1 hybrid (1st generation of hybridization).
Conversely, many fruit trees are not considered to be patentable. They are naturally occurring through seed propagation and can reproduce on their own.
How about Bacterium, Viruses and Seeds?
In 1980 a landmark court case (Diamond vs. Chakrabarty) ruled against the sanctity of the natural state of things being exempt from patents. This particular case involved a bacterium, which was awarded a utility patent by The Supreme Court which paved the way for other natural world things to be re – examined as their status of exemption was questioned. Things like viruses, seeds, spores, GMO’s, genes, etc. came to the fore as patentable items. As long as it cannot reproduce on its own, it is patentable. As an example, Viruses need a host organism to reproduce.
Did you know…
The 1970 Plant Variety Protection Act is an intellectual property statute that allows breeders of sexually reproduced and tuber varieties protection up to (25) years. Not to be confused with a plant patent, which is only for asexually reproduced organisms and non-tuber varieties.
By 1965, 95% of all corn planted in the US was F1 hybrid.
This paved the way for other successful hybridized crops to prosper including sorghum, sunflower, broccoli, tomatoes and onions.
In 1980 many of the untouchable natural occurring plant forms were given patent protection if it could be proven that they cannot reproduce on their own. Other natural biological entities became patentable, as well: Bacteria, seeds, spores, GMO’s and genes.
How are Farmers affected by Seed Patents?
In the old days farmers used to save their seeds from recently harvested crops to replant again during the next growing season. All that has changed now since the advent of Big Agra companies like Monsanto. The big corporations now own patents on many of the seeds (GMO’s) and can legally control which seeds are used by farmers. This has translated into farmers having to buy new seeds each growing season. There have been numerous, highly publicized lawsuits brought forth by Agra-Giant Monsanto against ordinary farmers on the premise that their seeds were being reused over several generations and openly marketed for sale to other farmers. Besides that, something called “plant vigor” also figures into this as well. Farmers are well aware that hybridization of crops (like corn) produce the most robust yields. After reusing seeds over and over again, their crop yields are not as robust as when new seeds are used. The prevailing theory being that generational seeds diminish in quality over time.
Mushrooms and Fungi – Are they Patentable?
Mushrooms reproduce by spores – not seeds – and are fair game for patents. The whole idea is that a breeder must show proof that his offspring from natural sourcing is distinctly different from a biologically pairing couple. The genetics of the progeny must exhibit new traits (broader leaves, distinct delineation, different buds, etc.) while retaining the original (parent) genetic material. The new patent laws were expressly designed to allow for greater bio-diversity and protect the rights of the grower who may have invested a lot of time and money into developing a new variation. Sometimes, the picture gets a little muddied when different species are brought into question.
This certainly applies for fungi which - paradoxically - is not a single category entity because: all mushrooms are fungi but not all fungi are mushrooms. Similarly, fungi and algae pair symbiotically to form something called a lichen. Most lichens reproduce asexually (fungi cannot harness the power of photosynthesis but algae can) but where do you classify this composite organism that has (2) distinctly different modes of passing on their genetic material all rolled into one?
Summary
The introduction of genetically modified organisms (GMO’s) into the food chain along with their pending patentability raises some serious questions about the overall safety of their existence. Now that farmers are beholden to the big corporate powers (Monsanto) for their seeds, it’s anyone’s guess what will emerge from this. Will altering the DNA of these seeds morph into more illnesses? Will labeling of GMO’s be mandatory on all grocery store packaging (currently it is not mandatory in all states)? The prospects are ominous, to say the least.
Some of the questions that you may be asking yourself are: How did this get started in the first place? Are plants really patentable? How does this affect me and my pet?
The 1st patents on plants happened in 1930. Amidst all the legal wrangling that followed, critics challenged the ruling by asking the simple question: Plants are naturally occurring. How can you patent something that is the birthright of all living species? Breaking down the semantics a little further uncovered the actual truth. Plants may only receive patent protection if they are asexual producing. In other words, they must be propagated by means other than by seeds Things like: hybrids, cuttings, grafts, new varieties and buddings would satisfy the criteria. Many of the early plant patents were flowering varieties like: roses, azaleas, mums, etc. For example, a grower might cross (2) different varieties of roses that would produce a stronger, healthier hybrid that would have broader leaves with more delineation. This would be a patentable plant. It was asexually propagated from original stock, shows new characteristics and is identified as a F1 hybrid (1st generation of hybridization).
Conversely, many fruit trees are not considered to be patentable. They are naturally occurring through seed propagation and can reproduce on their own.
How about Bacterium, Viruses and Seeds?
In 1980 a landmark court case (Diamond vs. Chakrabarty) ruled against the sanctity of the natural state of things being exempt from patents. This particular case involved a bacterium, which was awarded a utility patent by The Supreme Court which paved the way for other natural world things to be re – examined as their status of exemption was questioned. Things like viruses, seeds, spores, GMO’s, genes, etc. came to the fore as patentable items. As long as it cannot reproduce on its own, it is patentable. As an example, Viruses need a host organism to reproduce.
Did you know…
The 1970 Plant Variety Protection Act is an intellectual property statute that allows breeders of sexually reproduced and tuber varieties protection up to (25) years. Not to be confused with a plant patent, which is only for asexually reproduced organisms and non-tuber varieties.
By 1965, 95% of all corn planted in the US was F1 hybrid.
This paved the way for other successful hybridized crops to prosper including sorghum, sunflower, broccoli, tomatoes and onions.
In 1980 many of the untouchable natural occurring plant forms were given patent protection if it could be proven that they cannot reproduce on their own. Other natural biological entities became patentable, as well: Bacteria, seeds, spores, GMO’s and genes.
How are Farmers affected by Seed Patents?
In the old days farmers used to save their seeds from recently harvested crops to replant again during the next growing season. All that has changed now since the advent of Big Agra companies like Monsanto. The big corporations now own patents on many of the seeds (GMO’s) and can legally control which seeds are used by farmers. This has translated into farmers having to buy new seeds each growing season. There have been numerous, highly publicized lawsuits brought forth by Agra-Giant Monsanto against ordinary farmers on the premise that their seeds were being reused over several generations and openly marketed for sale to other farmers. Besides that, something called “plant vigor” also figures into this as well. Farmers are well aware that hybridization of crops (like corn) produce the most robust yields. After reusing seeds over and over again, their crop yields are not as robust as when new seeds are used. The prevailing theory being that generational seeds diminish in quality over time.
Mushrooms and Fungi – Are they Patentable?
Mushrooms reproduce by spores – not seeds – and are fair game for patents. The whole idea is that a breeder must show proof that his offspring from natural sourcing is distinctly different from a biologically pairing couple. The genetics of the progeny must exhibit new traits (broader leaves, distinct delineation, different buds, etc.) while retaining the original (parent) genetic material. The new patent laws were expressly designed to allow for greater bio-diversity and protect the rights of the grower who may have invested a lot of time and money into developing a new variation. Sometimes, the picture gets a little muddied when different species are brought into question.
This certainly applies for fungi which - paradoxically - is not a single category entity because: all mushrooms are fungi but not all fungi are mushrooms. Similarly, fungi and algae pair symbiotically to form something called a lichen. Most lichens reproduce asexually (fungi cannot harness the power of photosynthesis but algae can) but where do you classify this composite organism that has (2) distinctly different modes of passing on their genetic material all rolled into one?
Summary
The introduction of genetically modified organisms (GMO’s) into the food chain along with their pending patentability raises some serious questions about the overall safety of their existence. Now that farmers are beholden to the big corporate powers (Monsanto) for their seeds, it’s anyone’s guess what will emerge from this. Will altering the DNA of these seeds morph into more illnesses? Will labeling of GMO’s be mandatory on all grocery store packaging (currently it is not mandatory in all states)? The prospects are ominous, to say the least.
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