BIO sees little danger to plant patents
The Biotechnology Industry Organization (BIO) announced that it will file a friend of the court brief in a case in which a federal court has been asked to invalidate the Patent and Trademark Office's practice of granting patents on plants. But although the case in theory could result in the invalidation of a wide range of patents on genetically modified organisms, BIO believes it is more likely to have an impact in the court of public opinion than in the federal courts where it is being argued.
Pioneer Hi-Bred International Inc. has sued Farm Advantage Inc. and several other Iowa seed companies, alleging that they illegally grew and sold hybrid corn varieties in violation of Pioneer's patents. Each of the defendants has asserted that the PTO does not have the authority to grant patents on sexually reproducing plants. In August 1998, the U.S. District Court for the Northern District of Iowa Western Division ruled in Pioneer's favor, stating: "At no place in any of the statutes does it say that seed corn plants cannot be given a patent."...