How does it compute that biotech companies have patents on their GE crop varieties as unique and different AND at the same time call them substantially equivalent when we go to eat them or want them labeled ?

Expert response from Community Manager

Moderator for GMOAnswers.com

Friday, 15/05/2015 16:49

Several experts have addressed different components of your question on GMO Answers, and we would like to share a few of their perspectives with you.

First, Dr. Kevin Folta, professor and chairman of the University of Florida horticultural sciences department, discusses how plants can be and are patented, even if they are not GM varieties in this article:

"GM seeds are not the only type of seeds that can be patented. For example, see this patent for the Goose Creek Tomato. Patents protect the technology, breeders' rights and the process, while labels describe the qualities of the product. GM seeds are the only seeds to go through rigorous safety testing, unlike conventional or organic seeds, and seeds developed through radiation treatments and mutation breeding -- even though all can be patented."

Gregory Conko, senior fellow at the Competitive Enterprise Institute, goes on to explain, "Any new plant variety with a unique combination of traits can be patented, no matter what breeding method is used to develop it.  In fact, many more non-genetically engineered plant varieties have been patented than genetically engineered ones.” Read the rest of his response, including links to United States Supreme Court cases about seed patents, here.

If you have any additional questions, please ask.