September 28, 2005

Monsanto to clarify its RR soybean patents through Brazilian law
 

Monsanto said it would clarify its multiple patents on the company's Roundup Ready (RR) soybeans through Brazilian patent law. This was in response to the recent arguments by the National Industrial Property Institute and a biotech competitor that Monsanto's RR patent had expired after 20 years, on August 7, 2005.

The arguments were based on a specific article of Brazil's patent law, which determined the time period for which a company received protection under the law.

Monsanto believed the law was clear that one of the company's RR soybean patents had patent protection until August 2007.

In addition, a Rio de Janeiro court had already granted Monsanto an injunction, which allowed the company to continue collecting royalties on its RR soybean technology.

However, Monsanto was seeking legal affirmation in Brazil regarding the expiration dates of its additional patents on RR soybean, some of which ran past 2011. Brazilian law only allowed one patent a product, which would be the first patent, according to a Brazilian law firm.