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.”

Posted on March 8, 2018
GMOs will not “save the world,” however they are an important tool in the toolbox for food security and agriculture. Dr. Stuart Smyth, Assistant Professor in the Department of Bioresource Policy, Business and Economics at the University of Saskatchewan, explores this topic in depth in a similar question and response here. “No single crop or food production method is capable of feeding the world on its own, so no, GMOs by themselves will not feed the world. However, as part... Read More
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Posted on March 8, 2018
GMOs are made to achieve a desired trait, such as resistance to an insect or improvement to the ripening process, in order to better meet a customer’s needs. Posted below is a five minute video that offers a great visual illustration on how GMOs are made:     In this response you will also find videos demonstrating genetic modification, showing the basic process for making GM plants. We also encourage you to check out the videos: How Are GMOs Created? and GMO... Read More
Posted on November 27, 2017
Thank you for your question. Similar questions have been answered by a variety of experts on our site. Farmer Mary Mertz answered a similar question, “What are the problems with the seeds of GMOs.” She explains how this question can be answered in a variety of ways and also speaks to this topic firsthand, as she is a farmer herself. “In my opinion, the biggest problem with the seeds is the amount of misinformation that is being circulated out there.  GMOs have a... Read More