Patents on seeds = corruption

In general there is a strange thing with seeds and patents. Companies like Monsanto claim to have patent rights on geneticmodified seed. These patents are granted, but on incorrect/false legal grounds. According to the US Patent Act invented ore discovered distinct and new variety of plants can be patented as long as they are reproduced ‘asexually’ (Chapter 15, Section 161 of the Act).

When looked for example to Patented Soybean cultivar 6701475 of Monsanto in the US Patent and Trademark Office (www.uspto.gov) it mention ‘selfing’, ‘backcrosses’, ‘hybrid production’, ‘crosses to populations’, ‘and the like’ as breeding methods. These methods are not necessary the same as asexuall reproduction, and someone with knowledge at Monsanto told this site once that Monsanto seed is produced a non asexual way, thus the patents seems to be granted on incorrect legal grounds.

And when looked to the phrase ‘variety of plants’ in the US Patent Act act with respect to the International Union for the Protection of New Varieties of Plants (UPOV) it looks as if an inorganic genetic created plant lacks homogeneity because they do not descent from a common progenitor with subsequent modification. With gentech there are no progenitors. Are they? There are no ancestor in the direct line. Unless you see the injection of something (molecules) in to DNA as ‘ancestors’.

And if there are ancestor in the direct line, patenting seems to be not possible because patents can only be granted to inventions that has no progenitors. Something with progenitors is not ‘new’ and there for not
patentable. Gentech whether it is ‘organic’ ore ‘inorganic’ seems to be not patententable because it will always be a modification to something that already exist. There is nothing new created only a variation on the original(s). That is why there are breeders rights. Gentech can at most apply for Plant Breeders Rights, not patents. Even with todays national and international patent laws.