brevet de modification génétique du soja rejeté

Published online: 4 May 2007; | doi:10.1038/news070430-14 / http://www.nature.com/news/2007/070430/full/070430-14.html

GM patent rejected after 13 years

Patent for technology to fire genes into soy seeds thrown out.

Ned Stafford

The European Patent Office (EPO) has revoked a patent owned by global agricultural giant Monsanto for the genetic modification (GM) of soybeans, saying the technique it approved 13 years ago lacked "novelty".

The technique, which describes a way of creating any kind of GM soybean without reference to the specific genes being introduced, has helped make Monsanto the dominant force in GM soybeans - the company owns nearly 90% of the global market. Opponents complained that the patent gave Monsanto de facto control over all GM soybeans, and have been fighting against it since it was granted in 1994.

At a hearing on 3 May, the EPO revoked the patent. The board's decision is final, says Rainer Osterwalder, spokesman for the EPO, with no further appeals available.

The decision will no doubt have an impact on other GM technology patents, Osterwalder told Nature. "Case law is important," he says.

But the patent was due to expire in 2008 anyway. A spokesperson for Monsanto says: "We do not expect this decision to have an impact on Monsanto's business." The EPO will not issue a detailed written explanation of the legal basis of its decision for three to six months, Osterwalder says.