Finally Monsanto's Inherently Illegal Patents Rejected!
CategoriesWow this is truly a refreshing event. It is really sad that this sort of thing can even happen. Like so many regulations and procedures* this is yet another clear example of abuse of authority whereby illegal activity is made legal to serve the abusers. In my opinion just reversing a wrong does not make it right - what about just compensation equivalent that really damages Monsanto - as was done to those innocents who lost much more than their lively hoods? Also those unethical judges that allow this to continue should also be included in any settlements....
*"...all regulatory bodies are indirectly or directly created by the industry and solely exist to foist unsafe products procedures etc on the unsuspecting public. Their prime function is to act as shield for the industry, in the event something goes wrong, then all the industry has to do is state that it is not their fault as the purported poisons etc. have been approved by the government (aka FDA, HC, TGA and now Codex etc.), thus getting them off the hook."
Extracted from: April/May 2007 Codex Report (Ottawa, Canada)
Thanks to Mary-Sue for sending this along...
Chris Gupta
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Does this indicate a light at the end of the tunnel that isn't (for a change) an onrushing train? Percy Schmeiser should feel vindicated.
MSH
MONSANTO PATENTS ASSERTED AGAINST AMERICAN FARMERS REJECTED BY PATENT OFFICE IN PUBPAT INITIATED REVIEW: PTO Finds All Claims of All Four Patents InvalidNEW YORK - July 24, 2007 - The Public Patent Foundation (PUBPAT) announced today that the United States Patent and Trademark Office has rejected four key Monsanto patents related to genetically modified crops that PUBPAT challenged last year because the agricultural giant is using them to harass, intimidate, sue - and in some cases literally bankrupt - American farmers.
In its Office Actions rejecting each of the patents, the USPTO held that evidence submitted by PUBPAT, in addition to other prior art located by the Patent Office's Examiners, showed that Monsanto was not entitled to any of the patents.
Monsanto has filed dozens of patent infringement lawsuits asserting the four challenged patents against American farmers, many of whom are unable to hire adequate representation to defend themselves in court. The crime these farmers are accused of is nothing more than saving seed from one year's crop to replant the following year, something farmers have done since the beginning of time.
One study of the matter found that, "Monsanto has used heavy-handed investigations and ruthless prosecutions that have fundamentally changed the way many American farmers farm. The result has been nothing less than an assault on the foundations of farming practices and traditions that have endured for centuries in this country and millennia around the world, including one of the oldest, the right to save and replant crop seed."
The lawsuits filed by Monsanto against American farmers include:
Monsanto Company v. Mitchell Scruggs, et al, 459 F.3d 1328
(Fed. Cir. 2006):
Monsanto Company v. Kem Ralph individually, et al, 382 F.3d 1374
(Fed. Cir. 2004)Monsanto Company v. Homan McFarling, 363 F.3d 1336
(Fed. Cir. 2004).Although Monsanto has the opportunity to respond to the Patent Office's rejections of the patents (U.S. Patents Nos. 5,164,316, 5,196,525, 5,322,938 and 5,352,605), third party requests for re-examination, like the ones filed by PUBPAT against the four Monsanto patents, are successful in having the reviewed patents either changed or completely revoked more than two-thirds of the time.
"We are extremely pleased that the Patent Office has agreed with us that Monsanto does not deserve these patents that it has used to unfairly bully American farmers," said Dan Ravicher, PUBPAT's Executive Director. "Hopefully, this is the beginning of the end of the harm being caused to the public by Monsanto's aggressive assertion of these patents, which threatens family farms and a diverse American food supply."
More information, including copies of the Office Actions issued by the U.S. Patent & Trademark Office rejecting the four Monsanto patents, can be found here.
Contact:
Daniel Ravicher, Executive Director
Public Patent Foundation
(212) 796-0570
info@pubpat.org
http://www.pubpat.orgAbout the Public Patent Foundation
The Public Patent Foundation ("PUBPAT") is a not-for-profit legal services organization working to protect the public from the harms caused by the patent system, particularly the harms caused by undeserved patents and unsound patent policy.
PUBPAT provides the general public and those specific persons or businesses otherwise deprived of access to the system governing patents, with representation, advocacy, and education.
To be kept informed of PUBPAT News, subscribe to the PUBPAT News List by sending an email with "subscribe" in the subject line to news@pubpat.org.
posted by Chris Gupta on Sunday September 16 2007
URL of this article:
http://www.newmediaexplorer.org/chris/2007/09/16/finally_monsantos_inherently_illegal_patents_rejected.htm
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