The original Roundup Ready (OR1) soybean technology patent supported the development and commercialization of glyphosate tolerant soybeans. The Canadian patent for this trait is due to expire in August 2011, and will be the first widespread plant biotechnology trait to go off patent.
In the United States, this same trait technology remains under U.S. patent protection until 2014.
It is important to note that the next-generation Roundup Ready soybean technology (i.e. Genuity® Roundup Ready 2 Yield® soybeans) is protected by a different patent than the first-generation Roundup Ready trait. As such, the changes that affect the use of the OR1 trait technology when it expires in August 2011, do not apply to Genuity® Roundup Ready 2 Yield® soybeans.
Even though the Roundup Ready (OR1) soybean technology patent expires in 2011, growers using this technology in 2011 will still be doing so during the life of the patent. Accordingly, they need to be aware that the patent law associated with this technology remains in effect and will continue to be enforced.
The vast majority of Canadian farmers respect patent law and continue to honour the terms and conditions of the Technology Stewardship Agreements they have signed. As it has done every year since the introduction of Roundup Ready soybean technology in Canada, Monsanto will continue to operate its Technology Protection Field Check Program as a way to help maintain a level playing field for all farmers using and benefitting from this technology. Ongoing compliance with the terms and conditions of the Technology Stewardship Agreement is an important part of ensuring that farmers continue to have access to new products and technologies. It also helps keep farming fair for everyone.