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PATENTS: Monsanto patents asserted against American farmers rejected by U.S. Patent Office




                                  PART 1


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TITLE:  MONSANTO PATENTS ASSERTED AGAINST AMERICAN FARMERS REJECTED BY PATENT OFFICE

SOURCE: Public Patent Foundation, USA

AUTHOR: Press Release

URL:    http://www.pubpat.org/monsantorejections.htm

DATE:   24.07.2007

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MONSANTO PATENTS ASSERTED AGAINST AMERICAN FARMERS REJECTED BY PATENT OFFICE

PUBPAT initiated review leads PTO to find 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 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) and 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 at PUBPAT > Monsanto Anti-Farmers Patents.

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



                                  PART 2

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TITLE:  THIRD MONSANTO ANTI-FARMER PATENT REJECTED BY PATENT OFFICE

SOURCE: Public Patent Foundation, USA

AUTHOR: Press Release

URL:    http://www.pubpat.org/monsantovfarmers316rejected.htm

DATE:   05.06.2007

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THIRD MONSANTO ANTI-FARMER PATENT REJECTED BY PATENT OFFICE

PUBPAT request results in all claims being ruled invalid

NEW YORK -- June 5, 2007 -- In the third official Office Action to result from challenges filed last fall by the Public Patent Foundation (”PUBPAT”) against four Monsanto Company patents related to genetically modified crops being used by the agricultural giant to harass, intimidate, sue - and in some cases literally bankrupt - American farmers, the United States Patent and Trademark Office has rejected all of the claims of a third patent.

In the Office Action released yesterday, the Patent Office found that the prior art submitted by PUBPAT invalidated the patent, U.S. Patent No. 5,164,316 (the ’316 patent). The Patent Office Examiner also found additional prior art and held that it, too, completely invalidated the patent.

Monsanto has filed dozens of patent infringement lawsuits asserting the ’316 patent, and the three other patents challenged by PUBPAT, 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.

The company has the opportunity to respond to the Patent Office’s rejection, but third party requests for reexamination, like the one filed by PUBPAT, result in having the subject patent either modified or completely revoked roughly 70% of the time. Decisions in February and May found that two other patents of the four were also completely invalid. A decision regarding the fourth challenged patent has not yet been issued.

”The Patent Office has agreed with our conclusion that Monsanto does not deserve this patent any more than they deserved the two other patents previously rejected,” said Dan Ravicher, PUBPAT’s Executive Director. ”Making matters especially harmful to the public in this case is that Monsanto continues to use these undeserved patents to bully American farmers to the point that many of them are being forced completely out of business.”

More information about the reexaminations of the ’316 patent and the three other Monsanto patents challenged by PUBPAT, including a copy of the Patent Office’s Office Action rejecting all 4 claims of the ’316 patent, can be found at PUBPAT > Monsanto Anti-Farmers Patents.



                                  PART 3

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TITLE:  SECOND MONSANTO ANTI-FARMER PATENT REJECTED BY PATENT OFFICE

SOURCE: Public Patent Foundation, USA

AUTHOR: Press Release

URL:    http://www.pubpat.org/monsantovfarmers938rejected.htm

DATE:   01.06.2007

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SECOND MONSANTO ANTI-FARMER PATENT REJECTED BY PATENT OFFICE

NEW YORK -- June 1, 2007 -- In the second official Office Action to result from challenges filed last fall by the Public Patent Foundation (”PUBPAT”) against four Monsanto Company patents related to genetically modified crops being used by the agricultural giant to harass, intimidate, sue - and in some cases literally bankrupt - American farmers, the United States Patent and Trademark Office has rejected all of the claims of a second patent.

In the Office Action released yesterday, the Patent Office found that the prior art submitted by PUBPAT invalidated the patent, U.S. Patent No. 5,322,938 (the ’938 patent). The Patent Office Examiner also found additional prior art and held that it, too, completely invalidated the patent.

Monsanto has filed dozens of patent infringement lawsuits asserting the ’938 patent, and the three other patents challenged by PUBPAT, 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.

The company has the opportunity to respond to the Patent Office’s rejection, but third party requests for reexamination, like the one filed by PUBPAT, result in having the subject patent either modified or completely revoked roughly 70% of the time. A decision in February found that another of the four patents was also completely invalid. Decisions regarding the other two challenged patents have not yet been issued.

”The Patent Office has agreed with our conclusion that Monsanto does not deserve this patent because they did not, in fact, invent anything,” said Dan Ravicher, PUBPAT’s Executive Director. ”Making matters especially harmful to the public in this case is that Monsanto is using these undeserved patents to bully American farmers to the point that many of them are being forced completely out of business.”

More information about the reexaminations of the ’938 patent and the three other Monsanto patents challenged by PUBPAT, including a copy of the Patent Office’s Office Action rejecting all 6 claims of the ’938 patent, can be found at PUBPAT > Monsanto Anti-Farmers Patents.



                                  PART 4

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TITLE:  FIRST MONSANTO ANTI-FARMER PATENT REJECTED BY PATENT OFFICE

SOURCE: Public Patent Foundation, USA

AUTHOR: Press Release

URL:    http://www.pubpat.org/monsantovfarmers605rejected.htm

DATE:   23.02.2007

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FIRST MONSANTO ANTI-FARMER PATENT REJECTED BY PATENT OFFICE

PUBPAT request results in all claims being ruled invalid

NEW YORK -- February 23, 2007 -- In the first official Office Action to result from challenges filed last fall by the Public Patent Foundation (”PUBPAT”) against four Monsanto Company patents related to genetically modified crops being used by the agricultural giant to harass, intimidate, sue - and in some cases literally bankrupt - American farmers, the United States Patent and Trademark Office has rejected all of the claims of one of the four patents.

In the Office Action released yesterday, the Patent Office found that the prior art submitted by PUBPAT invalidated the patent, U.S. Patent No. 5,352,605 (the ’605 patent). The Patent Office Examiner also found additional prior art and held that it, too, completely invalidated the patent.

Monsanto has filed dozens of patent infringement lawsuits asserting the ’605 patent, and the three other patents challenged by PUBPAT, 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.

The company has the opportunity to respond to the Patent Office’s rejection, but third party requests for reexamination, like the one filed by PUBPAT, result in having the subject patent either modified or completely revoked roughly 70% of the time.

”The Patent Office has agreed with our conclusion that Monsanto does not deserve this patent because they did not, in fact, invent anything,” said Dan Ravicher, PUBPAT’s Executive Director. ”Making matters especially harmful to the public in this case is that Monsanto is using it to bully American farmers to the point that many of them are being forced completely out of business.”

More information about the reexaminations of the ’605 patent and the three other Monsanto patents challenged by PUBPAT, including a copy of the Patent Office’s Office Action rejecting all 19 claims of the ’605 patent, can be found at PUBPAT > Monsanto Anti-Farmers Patents.


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