Patent on Genetically Modified Seeds Running Out

Round-Up (TM) is a biocide that kills any broad-leafed plant (as opposed to narrow-leaved plants like grasses), and it is used extensively to kill weeds in lawns. Monsanto is a seed company that has a patent on a technology for inserting a gene into seeds for field crops that will then produce crops that will be immune to the effects of Round-Up. Seeds with this gene are called "Round-Up-Ready" seeds, because the insertion of this gene into the seeds allows the genetically modified farm crops to be "doused" with the biocide Round-Up without being harmed by it, while everything else in the field will be killed. "A monkey could farm with Round-Up-Ready technology," according to one farmer interviewed on National Public Radio. Many people do not want to eat food that has been genetically modified nor do they want to eat food that is drenched with biocides.

Monsanto produces both the biocide Round-Up and the technology that allows for the insertion of the Round-Up-Ready gene into farm crop seeds. The existence of the patent for this technology has allowed Monsanto to increase its profits by requiring farmers to buy the genetically modified seed only from Monsanto or its business partners. In addition, the farmers who use Monsanto seed are legally restricted from saving their seed for use from year to year which is one of the major ways that thrifty farmers can save money. An additional problem is that farmers often select their seed for its adaptation to local conditions and farming methods. Where they are required to buy genetically modified seed from Monsanto, they have to accept generically produced seed which may not fit local conditions well. Farmers may not even be able to buy a particular variety of seed that meets their needs if Monsanto doesn't choose to produce it. Monsanto has been extremely aggressive in using legal maneuvers to attack farmers who have tried to use their own seed from the crop they grew the year before, even when they were trying to avoid using the genetically modified seed that Monsanto sells.

Monsanto is also driving other seed companies out of business by limiting use of its patented technology for the Round-Up-Ready genetically modified seeds. As seed companies go out of business, the genetic diversity of available seeds is reduced and this diversity is essential for food crops for everyone, now and in the future.

The Patent for the Round-Up-Ready gene expires in 2014 since patents can only be in place for seven years. Farmers are looking forward to the availability of "generic" seed because they will be able to save their seed from previous years and use it to plant new crops. This not only will save them substantial money, but it will allow them to again begin to select seed that is adapted to their local conditions, thus increasing the productivity of their farms. Now it appears that Monsanto is trying to replace the genetically modified seed with a patented variation on the same gene and they are trying to destroy the seed with the first form of the genetic modification so that it will not be available to farmers in "generic" form. In this way, Monsanto may be hoping that it can continue to control access to seeds using patents and it can keep the price of seed very high.

The use of genetically modified seeds especially affects farmers who have had to buy new seed each year as long as the Round-Up-Ready genetically-modified seed was still under Monsanto's control of the patent. But consumers should be concerned also, since whatever farmers are growing with Round-Up-Ready seed has been doused with pesticides, and whoever eats that food will be eating those pesticides. Additional concerns are based on the unknown affects of the genes themselves, inserted into the foods people eat. There is no way to know what affect these genes may have on human health because the genes have not been in existence long enough for any long-term studies to have been done. Spokesmen for new chemicals, medicines and other invented products often dismiss concerns about these products with weasel words like, "No long term studies have shown any problems with this product," but that is because no long term studies have been done. How could non-existent studies show anything? And we now know that cancer can be caused by exposure to small amounts of substances in the environment and the cancer can take decades to develop.

The issue of pharmaceutical companies, seed companies and other technology firms keeping prices absurdly high by controlling access through patents is a severe problem. The patent system is designed to encourage improvements in manufacturing by allowing companies to profit from innovations for a limited period of time. However, misuse of the patent system limits access to critical food and medical supplies and can spell the difference between life and death for poor people anywhere but especially in third world countries. Some of the tactics used by large companies are predatory business practices which drive competitors out of business; as well as questionable methods of political pressure such as bribing government officials. Cleverly disguised propaganda campaigns are designed to confuse and intimidate consumers and middle-level operators such as doctors who may recommend drugs to their patients, or farmers who produce the food that others eat.

What can you do? Try to be aware of issues related to the marketing and control of biotechnology, including medical products, seeds and food. It helps to have enough knowledge about genetics and biology to be able to recognize obvious misrepresentations of facts.

Try to assist and support the seed companies that maintain our genetic heritage and genetic diversity for everyone by buying some of your seeds from responsible growers. Small seed companies maintain and provide a variety of seeds and nursery plants that have special uses for home gardeners, organic farmers and people with special dietary or medical needs. Local seed companies may have seeds which are especially adapted to local conditions related to the climate and weather. Learn about and join a Seed Savers Exchange, and if you have the means to consider keeping farm animals, learn about the American Heritage Animals foundation, or similar organizations in other countries.

This article is based on reports from some farmers interviewed on National Public Radio on Jan. 12, 2010, as well as interviews with Vandana Shiva and the book Vedic Ecology, Practical Wisdom for Surviving in the 21st Century by Ranchor Prime, Mandala Publishing, Novato, CA 2002.