[normmm]

Just wondering when canola will come of patent for the rr trait. Be nice if someone could give them some competition.

 

[crw]

It is real soon but not sure exactly when. My dekalb rep this summer told me they have a new technology coming out for next year. Can spray a little bit later without a yield loss. Bet that is the way around the patent running out.

 

[snides007]

I assume it's the same there as here in oz. rep said can spray up to 5% flower on new flex gene. That's what it's called here. Would be very handy in lighter crops but in big crops u wouldn't get much chem on weed I'd think?

 

[BrianTee]

Patent will come off in 2022. Yup, 2022.

 

[Don Boles]

Patent will come off in 2022. Yup, 2022.

How did they manage to run it out that far?

 

[BrianTee]

Rules changed on first to file vs first to invent. Gene gun was one of those.

So yup 2022

 

[Don Boles]

Rules changed on first to file vs first to invent. Gene gun was one of those.

So yup 2022

Ah, it's coming back to me now, thanks Brian.
Remember hearing something about that about 10 years ago.

 

[sinapisalba]

Don't patents run for 20 years? How were they protected before 2002?

 

[BrianTee]

The same way, its just when the 20 years started is the key. Patent wasn't 'filed' - which is the new rule - till '02 in Canada.

For patent applications filed prior to October 1, 1989, the patent expires 17 years after the patent issues. For patent applications filed on or after October 1, 1989, the patent expires 20 years after the patent application was filed.

http://en.wikipedia.org/wiki/Canadian_patent_law

 

[Don Boles]

For patent applications filed prior to October 1, 1989, the patent expires 17 years after the patent issues. For patent applications filed on or after October 1, 1989, the patent expires 20 years after the patent application was filed.

Canadian patent law - Wikipedia, the free encyclopedia

Huh, always wondered why patents went from 17 to 20 years.

So...
Does this mean a typical patent takes an average of three years to get?
Must, roughly.

 

[BrianTee]

I think with filing it takes a long time and so it gives an extra 3 years to recoup expenses

 

[sinapisalba]

BrianTee, I am obviously missing something here.
I grew RR Canola in 1998, and if the patent expires in 2022, that is a 24 year protection period. Please tell me how a 17 year or a 20 year patent covers a 24+ year time span?

 

[BrianTee]

Patents filed before Oct. 1, 1989, fell under the old patent act, which gave companies 17 years of protection from the date the patent was issued. The new act provides 20 years of exclusivity from the date of application.


Monsanto wasn’t issued the patent stemming from the March 28, 1987, application until April 26, 2005, which means under the rules of the old act, it doesn’t expire until April 26, 2022.


Before this latest patent, Monsanto’s herbicide tolerant technology had been protected by a bevy of other patents. The latest one protects all of its Roundup Ready canola products from potential competition from other glyphosate-resistant canolas.


There isn't just one patent and that is probably where the confusion comes from.