The United States Patent and Trademark Office (USPTO) is the Federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries."
That the patent on round-up ready resistance "Promote[d] the progress of science and the useful arts" is not really debatable. We now have crops which require far fewer input costs in time, labor, fuel, and herbicides than would ever have been possible otherwise. If that isn't "useful" then I don't know what is, and the high uptake of the technology by farmers despite the higher upfront costs is the best endorsement I can think of. That the patent under discussion expires next year is right in line with the second half of their mandate "...by securing for limited times to inventors the exclusive right to their respective discoveries". Starting next year ANYONE will be able to add glyphosate resistance to their corn without having to pay Monsanto a dime in licensing. This is the system operating as designed for once. You may not like the system, but to get worked up over the company for playing by the rules is not really appropriate. Instead you should address what you see as flaws in the system.
I think you have a tendency to veer back into the insulting with reference to the Dunning-Kruger delusion
No insult intended. As proof I offer this nugget of self incrimination: I myself suffered from a Dunning-Kruger delusion regarding Anthropogenic Global Warming for several years. I though I knew better than the climatologists precisely BECAUSE I had no training in that area. I have since corrected this by acquiring enough information to finally see that I was dramatically over-estimating my own competence in this area. I accuse you of nothing for which I have not been guilty myself.
Monsanto may add value (frankly I don't know enough to tell for sure) but it is certainly open for debate
Not really. If they did not add value, then no one would have any reason to by GM seeds. The value has been determined in numerous research papers, and by many thousands of farmers purchasing decisions. Their product would have been a blip to the market which sees thousands of new seed varieties added to the market every season. Instead they have come to achieve greater than 90% market penetration (after adding in licensees such as DeKalb, Syngenta, and others).
...the question of whether or not the subject of the patents can be practically used freely after expiry
I have not even seen a hint to suggest that the subject of this patent will be somehow restricted after the patent expires next year. The gene is too prevelant (and has been since day 1 on the market) for Monsanto to keep the technology out of the hands of competitors, even if they wanted to. The fact that they've licensed the technology to their competitors means that the gene is already in Non-monsanto seeds. The only difference in 2014 will be that Monsanto will no longer be receiving licensing fees for the those seeds.
Whatever hubris I posses should not be replaced with a group hubris to be invoked by specialists of all kinds merely because they are specialists. That is incredibly dangerous, speaks more to monopoly than civic virtue and communication, and is particularly vexing where it applies to the law, moral obligations, and how we wish to develop as a society.
I believe the general thrust of your argument here is that you don't trust specialists, and this lack of trust is based largely on your personal objections to the status quo in many areas of modern life such as the law and morality. Is that a fair assessment? If so, that is fair enough. The people of a society must make value judgements collectively about the type of society they want to be. However, those value judgements really should be based on the best available evidence. That evidence is going to need to be generated, usually by someone specializing in that field of study, and interpreted so that society can be reasonably sure that their value judgement will have the intended consequence. Specialists should be an integral part of that process, and the non-specialists should at least have an open mind when discussing these issues with them. My intent is not to denegrate the non-specialist for being interested and wanting a say in how their society evolves. Far from it! My intention is to point out closeminded rhetoric that is divorced from reality so that those willing can better equip themselves to make those decisions.
Incidentally, the common law certainly expects you to interpret it, since the "average" mechanic you just mentioned has to follow it, and the "average" police officer must enforce it, and it's clear that you have a form of hubris in referring to an "average" mechanic
I am not sure what your point is here, or why you keep quoting the word "average". The topic under discussion is, for most observers, a rather esoteric section of patent and contract law. These are complicated issues, arguably more complicated than they need to be, but I don't personally believe that you or I have the necessary understanding to say what the appropriate fixes are. What we ARE qualified to do is to tell the experts (Lawyers and Legislators primarily) what we believe the problem to be, and ask them to suggest ways to address our concerns. However, they should also give us their best approximation of what the ancillary effects of any recommended change will be so that we can try to ensure that the "fix" does not cause more or worse problems.
That we have devolved this to a political and lawyer class who have made a set of ivory towers, is a problem to be fixed, and yet your post appeals to its acceleration, to allow the very laws which govern us to be set by the unjust in pursuit of selfish goals.
I don't know that I made any appeals to accelerate anything, or allow anything of the sort. I made a plea to the uninformed to seek better information before passing (usually vocal) judgement on a complicated issue requiring specialized information to truely understand. I don't think that is an unreasonable request.
The idea that anyone needs to devote their life to a field before being able to reason about it is preposterous - after all, are you not a lawyer specialising in Agricultural Law either. Many fields are subject to some understanding of at least where the issues come from, and even experts can communicate the basis of their thinking.
I never claimed that they needed to, only that they should consult those who had before passing judgment. Agriculture is different from many other professions becuase everyone's life is affected by agriculture, but most don't know anyone directly involved in it. I knew many engineers, construction workers, medical professionals, lawyers, mechanics, and even a few physicist growing up, but I didn't meet my first member of the agriculture profession until I was in college. I know many people who's only direct connection to agriculture is ME. This is very serious disconnect and (I say this with no hyperbole) it breeds misunderstandings that can literally spell the difference between life and death for some people.
Putting experts on a pedestal also ignores where they will fall short - for example, how well versed in statistics are researchers across different fields?
This is a huge pet peeve of mine. Much medical research is conducted by MD's only, with no formal training in research. Formal training which would included several courses in statistical analysis. The solution here would be to require a statistician (a specialist) be involved in the design, analysis and interpretation of all trial data. However, MD's are frequently so ignorant of statistics that they are fall victim to the Dunning-Kruger Delusion, and concluded that a statistician is unnecessary. BTW, this is a good example of why we SHOULD consult specialists.
Specialism does not override the fact that banning seed replanting, and introducing a new patented variant years before the patent expiry can be construed as a wilful attempt to subvert the goal of having patent law in the first place, and that a condition of granting the patent in the first place should have been that a seed bank be made available to the public on its expiry
Monsanto's patent on round-up ready corn expires next year. Gene patents are not subject to the patent-continuation creep of drug patents. The gene is what it is, well characterized, and easily sequenced from any seeds bought on the open market. Even if Monsanto handn't licensed the technology far and wide, taking their patent and developing your own round-up ready seeds would be trivially simple after 30 years on the market.
At the end of 2014 anyone will be able to incorporate their technology for free. I'd argue that this is EXACTLY the scenario that patent law was designed to foster. They developed a truely novel technology, marketed it, made back their investment and subsidized further investment, and now in about a year the technology will enter the public domain for the benefit of all.
Specialism does not override that the formation and maintenance of companies that seek only to intermediate themselves rather than add value year-on-year, is classic rent-seeking behavior.
Here is an example of your own Dunning-Kruger Dilusion. Monsanto DOES add value year-on-year. Ask anyone who buys their seeds. Since Monsanto has licensed glyphosate resistance technology to just about anyone interested, for a fee of course, you don't need Monsanto brand seeds to get that trait. Therefore, Monsanto must make the same annual improvements in other, non-GM traits that producers use to decide which seeds to buy every year.
Indeed, since this is the function of the legislature, which should do so on the people's behalf, and lawyers must still argue their case where the law admits clarification or interpretation. There is no justification for the law being impenetrable to an informed citizen, nor and the processes surrounding it adorned with theatre simply to disenfranchise the people from understanding it, shaping it, and keeping to it.
I assume from this that you have some experience writing or interpreting the law? No? Then forgive me if I believe you to be guilty of the same kind of hubris as the OP. Things may well be complicated because the issue being legislated is complicated. Have you every read a law? I have. In point of fact, I've been reading the federal register several times a week for the last month because I'm involved in several regulatory filings at work. I know just enough about the law to have a inkling of just how little I truly know. Based on what you've written, I suspect that you don't yet even have that much knowledge. (Clarification: I don't view the word "ignorant" as an insult. I freely admit my own ignorance on many topics without shame, and I intend no insult when labeling someone else that way. It is merely the most accurate word in my vocabulary)
Not all teachers are great teachers, and to discharge their responsibility to their children, many parents look for indications as to how an education is progressing, and they will exercise their judgment to the extent that knowledge and common sense can support.
Determining that someone is not doing a good job is not the same thing as presuming to tell them how to do their job. If the students don't learn, then you can make a case that the teacher is not doing their job. However, your average mechanic is probably not qualified to tell an underperforming teach what, specifically, they are doing wrong. Or at least they are far less qualified than another teacher. That is the point I was making and you appear to have missed.
Similarly, I have questioned experts in various fields in the past - justifiably and fruitfully.
Questioning I have no objection to. In fact, I encourage it. However, the OP was not really asking questions in the pursuit of knowledge. They were expressing an extreme opinion based on, from my perspective, a position of ignorance. That I emphatically do NOT support.
Perhaps you just can't, perhaps are over-passive, or perhaps you have no capacity for deduction.
Perhaps I can't what?
You are the first person to have every accused me of being over-passive in my life. The more you learn about a topic, the more accurate a picture you achieve of your own ignorance. I refrain from telling other specialist how to do their jobs not because I am passive, but because I have decided to extend the courtesy of not presuming that their area of expertise is any simpler or easier to truly understand than my own is. At the end of my post I was making an impassioned plea for the OP to do me and my colleagues the same courtesy.
I'm a trained scientific researcher. I'ver earned a PhD in my field and been an invited speaker at prestigious conferences focused on my area of expertise. My capacity for deduction is just fine. What is in doubt is your level of humility when discussing an area about which you have not devoted your life to studying
Of course, I simply don't know you well enough to tell, but since you did not apply the courtesy of separating assumption from fact in your comment, we can at least draw the conclusion that you lack integrity.
Take that willingness to admit that you don't know me well enough to pass judgement (although you did anyway) and apply it to agriculture, something far more complicated than I am and maybe you'll see the point I was trying to make.
If you care to continue this conversation sans further insults and character assassinations (try to insult me again and I am done), I'd be interested to know exactly you are taking umbrage with in my response to the OP. I never stooped to calling him names, and I based my assessment of his knowledge on more than just the single post I was responding to. I clicked through and read all of his other posts on this thread before coming to my conclusions regarding his ignorance. I admit that I inferred the source of his animosity based on my personal experiences arguing with vocal yet ignorant critics of agriculture in the past, but I interpret the OPs lack of response as a confirmation of sorts.
The problem with this argument is that pests evolve to adjust to the chemicals in use. It is, in large part, Monsanto's fault that insects are resistant to older pesticides; they created the disease and now they're trying to sell the cure.
This is nonsensical. Crops have ALWAYS been the targets of pests, be it fungus, insects, birds, weeds, etc. Remember the Potatoe Famine? While among the worst in recent memory in the US and Europe, Famine was the RULE not the exception prior to the development of pesticides and herbicides.
If Glyphosate resistant crops had never been developed by Monsanto, we would still need to spray to control pests. The differences are:
1. Glyphosate is a broadspectrum herbicide. Spray once, kill everything other than the GM crop. Organic herbicides are targeted at specific weeds. That means spraying several different compounds to attack the many different weeds growing on your field. That means more pressure to develop resistance and more potential for the residues that scare everyone so much.
2. Contrary to popular opinion, Glyphosate is one of the safest herbicides for a human to ingest based on numerous toxicology studies. By contrast, most organic herbicides are far more toxic pound for pound (or acre for acre). Combine this with point one and you get an increased potential for accidental human poisoning from the use of organic herbicides.
Essentially, reality and common perception of GM crops and Monsanto in particular are diametrically opposed to each other. Much as the global warming deniers and the evidence on global warming, or the anti-jab activists and all the data on the safety of vaccines. Do you really want to be thrown into the same camp with them as deniers of evidence in favor of emotional bullshit?
Issue: If a producer adheres to all aspects of the NOP regulations, including never utilizing genetically modified seeds, but a certifying agent tests and detects the presence of genetically modified material in the crop, is that crop's status determined to be no longer certified organic?
Reply: Organic certification is process based. That is, certifying agents attest to the ability of organic operations to follow a set of production standards and practices which meet the requirements of the Organic Foods Production Act of 1990 and the NOP regulations. The NOP regulations prohibit the use of excluded methods (i.e., “GMOs”) in organic operations. If all aspects of the organic production or handling process were followed correctly, then the presence of a detectable residue from a genetically modified organism alone does not constitute a violation of this regulation. This policy was established at the promulgation of the NOP Regulation in the Preamble to the Final Rule (FR Vol. 65, No. 246, p. 80556), December 21, 2000. The Preamble stated that:
As long as an organic operation has not used excluded methods and takes reasonable steps to avoid contact with the products of excluded methods as detailed in their approved organic system plan, the unintentional presence of the products of excluded methods should not affect the status of the organic operation or its organic products.
If a thing's worth doing, it is worth doing badly. -- G.K. Chesterton