Professor Drew Kershen

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Professor Drew Kershen

Earl Sneed Centennial Professor of Law (Emeritus), University of Oklahoma, College of Law

Professor Drew Kershen teaches courses on agricultural law, legal history, professional responsibility, and water rights at the University of Oklahoma, College of Law. In 1973, he was named a fellow in law and humanities at Harvard University. Kershen is coauthor of Farm Products Financing and Filing Service, written in 1990 with J. Thomas Hardin. Kershen is a member of the Oklahoma Water Law Advisory Commission and the Order of the Coif; he is a past member of the Board of Directors and past president of the American Agricultural Law Association.

From this Expert

Posted on April 19, 2016
Response from Professor Drew Kershen, Earl Sneed Centennial Professor of Law (Emeritus), University of Oklahoma, College of Law • June 15, 2016
Several varieties of law suits likely respond to the questions.   Farmers suing other farmers claiming damages due to cross-pollination. Although cross-pollination between crops in neighbor fields is a biological fact, to my knowledge, there is not a single law suit in the world where one farmer has sued another farmer claiming damages due to cross-pollination between a GM crop and a Non-GM crop.   Australian courts have dealt with a fact pattern that resembles a cross-... Read More
Posted on November 6, 2015
Response from Professor Drew Kershen, Earl Sneed Centennial Professor of Law (Emeritus), University of Oklahoma, College of Law • November 23, 2015
Competitors could change just a “few neutral molecules” in a gene and apply to get a patent on that changed gene (or seed). But whether the competitor would be successful is very doubtful, in my opinion, in light of the fact that the changes involve a “few neutral molecules.”   In order to gain a patent, under the general (utility) patent laws of the United States, the person applying for the patent must satisfy four statutory requirements: new, useful, non-... Read More
Posted on March 18, 2015
Response from Professor Drew Kershen, Earl Sneed Centennial Professor of Law (Emeritus), University of Oklahoma, College of Law • July 6, 2015
I suggest that the United States Patent & Trademark Office (USPTO) website is the best place to search for free for information generally and specifically about patents.  The USPTO home page is http://www.uspto.gov.    However, more precisely, your question indicates a desire to access specific patents.  The USPTO has a full-text patent database that you can find at http://patft.uspto.gov.   If you click on this full-text patent database URL, you will see... Read More
Posted on August 4, 2014
Response from Professor Drew Kershen, Earl Sneed Centennial Professor of Law (Emeritus), University of Oklahoma, College of Law • September 30, 2015
To answer this question, I will separate its three questions and answer each question alone.   Question 1:  If the US Federal Government has classified Genetically Engineered food products as Substantially Equivalent to common food products currently in the market and thus declined to regulate them, how can they be patented?   When the FDA reviews a GE food to assess whether it is substantially equivalent, the evaluation is based on the submitted data as showing that the GE... Read More
Posted on September 18, 2013
Response from Professor Drew Kershen, Earl Sneed Centennial Professor of Law (Emeritus), University of Oklahoma, College of Law • September 18, 2013
Although I am a lawyer, I pay close attention to claims about GMOs that may give rise to liability for a farmer, a seed company, a biotechnology company, or anyone else. Thus, if anyone anywhere had either claimed or proven a harm or illness from living near GMO fields, I feel confident that I would have heard about this claim through reports of regulatory enforcement or civil liability for damages. The answer to the question is straightforwardly and unequivocally, “No.” There are no such... Read More
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