Finally Monsanto's Inherently Illegal Patents Rejected!

[Guest guest]

Wow this is truly a refreshing event. It is really sad that this sort of

thing can even happen. Like so many regulations and procedures* this is yet

another clear example of abuse of authority whereby illegal activity is made

legal

to serve the abusers. In my opinion just reversing a wrong does not make it ri

ght - what about just compensation equivalent that really damages Monsanto - as

was done to those innocents who lost much more than their lively hoods? Also

those unethical jugdes that allow this to continue should also be be included

in any settlements....

 

* " ...all regulatory bodies are indirectly or directly created by the industry

and solely exist to foist unsafe products procedures etc on the unsuspecting

public. Their prime function is to act as shield for the industry, in the

event something goes wrong, then all the industry has to do is state that it is

not their fault as the purported poisons etc. have been approved by the

government (aka FDA, HC, TGA and now Codex etc.), thus getting them off the

hook. "

 

Extracted from: April/May 2007 Codex Report (Ottawa, Canada)

http://www.newmediaexplorer.org/chris/2007/05/10/aprilmay_2007_codex_r

eport_ottawa_canada.htm

 

Thanks to Mary-Sue for sending this along...

 

Chris Gupta

http://tinyurl.com/28gt52---------------------------

 

Does this indicate a light at the end of the tunnel that isn't (for a change)

an onrushing train? Percy Schmeiser  http://www.percyschmeiser.com/   should

feel vindicated.

 

MSH

 

 

MONSANTO PATENTS ASSERTED AGAINST AMERICAN FARMERS REJECTED BY PATENT OFFICE

IN PUBPAT INITIATED REVIEW: PTO Finds All Claims of All Four Patents Invalid

 

NEW YORK - July 24, 2007 - The Public Patent Foundation (PUBPAT) announced

today that the United States Patent and Trademark Office has rejected four key

Monsanto patents related to genetically modified crops that PUBPAT challenged

last year because the agricultural giant is using them to harass, intimidate,

sue - and in some cases literally bankrupt - American farmers.

 

In its Office Actions rejecting each of the patents, the USPTO held that

evidence submitted by PUBPAT, in addition to other prior art located by the

Patent

Office's Examiners, showed that Monsanto was not entitled to any of the

patents.

 

Monsanto has filed dozens of patent infringement lawsuits asserting the four

challenged patents against American farmers, many of whom are unable to hire

adequate representation to defend themselves in court. The crime these farmers

are accused of is nothing more than saving seed from one year's crop to

replant the following year, something farmers have done since the beginning of

time.

 

One study of the matter  

http://www.centerforfoodsafety.org/Monsantovsusfarmersreport.cfm    found that,

" Monsanto has used heavy-handed investigations

and ruthless prosecutions that have fundamentally changed the way many American

farmers farm. The result has been nothing less than an assault on the

foundations of farming practices and traditions that have endured for centuries

in

this country and millennia around the world, including one of the oldest, the

right to save and replant crop seed. "

 

The lawsuits filed by Monsanto against American farmers include:

 

Monsanto Company v. Mitchell Scruggs, et al, 459 F.3d 1328

(Fed. Cir. 2006):

 

Monsanto Company v. Kem Ralph individually, et al, 382 F.3d 1374

(Fed. Cir. 2004)

 

Monsanto Company v. Homan McFarling, 363 F.3d 1336

(Fed. Cir. 2004).

 

Although Monsanto has the opportunity to respond to the Patent Office's

rejections of the patents (U.S. Patents Nos. 5,164,316, 5,196,525, 5,322,938 and

5,352,605), third party requests for re-examination, like the ones filed by

PUBPAT against the four Monsanto patents, are successful in having the reviewed

patents either changed or completely revoked more than two-thirds of the time.

 

" We are extremely pleased that the Patent Office has agreed with us that

Monsanto does not deserve these patents that it has used to unfairly bully

American farmers, " said Dan Ravicher, PUBPAT's Executive Director. " Hopefully,

this

is the beginning of the end of the harm being caused to the public by

Monsanto's aggressive assertion of these patents, which threatens family farms

and a

diverse American food supply. "

 

More information, including copies of the Office Actions issued by the U.S.

Patent & Trademark Office rejecting the four Monsanto patents, can be found

here.

http://www.pubpat.org/monsantovfarmers.htm

 

Contact:

 

Daniel Ravicher, Executive Director

Public Patent Foundation

(212) 796-0570

info

http://www.pubpat.org

 

About the Public Patent Foundation

 

The Public Patent Foundation ( " PUBPAT " ) is a not-for-profit legal services

organization working to protect the public from the harms caused by the patent

system, particularly the harms caused by undeserved patents and unsound patent

policy.

 

PUBPAT provides the general public and those specific persons or businesses

otherwise deprived of access to the system governing patents, with

representation, advocacy, and education.

 

To be kept informed of PUBPAT News, to the PUBPAT News List by

sending an email with " " in the subject line to news.

 

To / :  chrisgupta

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