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24 January 2018Americas

Monsanto’s soybean patent should be voided, says INPI

The Brazilian Patent and Trademark Office (INPI) has called for a Monsanto patent protecting the Intacta RR2 PRO soybeans to be voided.

The news comes according to a press release issued yesterday, January 23 from the Association of Soya and Maize Producers of the State of Mato Grosso (Aprosoja).

Aprosoja originally filed a lawsuit against Monsanto, an agricultural company, in November 2017. It alleged that there were three irregularities in the patent.

The association claimed that Monsanto’s patent did not highlight what gene constructs were originally designed and tested, adding that: “It is not possible to ascertain to what extent there is an innovative technical effect necessary for the grant of the patent.”

The third alleged flaw is the “illegal addition of matter” to the patent.

Aprosoja said the INPI had backed the organisation in a defence sent to the Federal Court.

The INPI Patent Directorate reportedly stated that it is unable to recognise what the invention is in the patent.

Aprosoja said that the Federal Justice is waiting for Monsanto’s response.

Following this, Aprosoja hopes that the judge will suspend the patent and cease the collection of royalties.

LSIPR reported in January that the US Court of Appeals for the Federal Circuit confirmed the invalidation of a Monsanto patent.

The patent, titled “Soybean seed and oil compositions and methods of making same”, covered a two-step process for producing soybeans with a modified fatty acid profile.

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