I know that this year the patent of Monsanto RR gene in soybean is expired. Is the gene sequence of the cp4epsps free as well? Can I clone and use it in my plant without legal issues?

Expert response from Ray Dobert, Ph.D.

Global Biotech Policy Manager, Bayer Crop Science

Friday, 01/05/2015 14:35

You are correct, the patent for the cp4 epsps gene conferring glyphosate tolerance in our first generation  Roundup Ready® Soybean has expired.  See more information as to what seed can be saved and on RR Soybean Patent expiration on our websites.  Unfortunately, it seems that your question is seeking legal advice and I cannot provide legal advice.

Any new biotech crop produced using the cp4 epsps gene would have to go through the same safety evaluations and regulatory reviews that the current products on the market have gone through.  So it’s important to remember that patent status and regulatory status are two very distinct things.  Even though the cp4 epsps gene patent associated with Roundup Ready® soybean has expired in 2015, the patents on other products like Roundup Ready® cotton and Roundup Ready 2 Yield® soybean do not expire at the same time.