QIf some of your patented seeds from a farm growing them under contract with you, were to end up at a neighboring farm that is not under contract with you, what legal action would you take to either retrieve the seeds or the plants produced by the patented

If some of your patented seeds from a farm growing them under contract with you, were to end up at a neighboring farm that is not under contract with you, what legal action would you take to either retrieve the seeds or the plants produced by the patented seeds? What legal action would your company take if the seeds ended up on the farm that is not under contract with you purely by an act of nature and produced plants?

AExpert Answer

We would not take any legal action. For instance, Monsanto has a long-standing public commitment that “it has never been, nor will it be, Monsanto’s policy to exercise its patent rights where trace amounts of our patented seeds or traits are present in a farmer’s fields as a result of inadvertent means.”

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This question was previously answered here.   We hope this answers your question. If you have any additional questions, please ask. Read More
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While we cannot answer and speak to that specific situation, below is some information we think you might find helpful. There are a couple ways to genetically modify plants. This response explains the different ways plants are modified to produce a GMO. Kevin Folta, Interim Chair and Associate Professor in the Horticultural Sciences Department at University of Florida, also created a video in this response that explains the difference between GMO cross breeding and cross pollination.  ... Read More
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GMO Answers provides the facts that answer questions related to biotechnology, GM crops and agriculture. We work to ensure that the content and answers provided by experts and companies are accurate and therefore do not present opinions about GMOs, simply facts. GMO Answers is a community focused on constructive discussion about GMOs in order to have open conversations about agriculture and GMOs.   This website is funded by the Council for Biotechnology Information. The... Read More

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