navigating the patent maze

In November 2004, I reported the conclusion of a long running dispute in the U.S. Patent Office on who first invented Agrobacterium-mediated transformation technology (previous post).  A few weeks ago, a joint press release from Bayer CropScience, Max Planck Society, and Monsanto announced that the interference ended by settlement among these parties.  Under the agreement, the organizations will cross-license their respective Agrobacterium-mediated transformation technologies; Bayer (the exclusive licensee of Max Planck’s technology) and Monsanto will provide each other non-exclusive licenses related to R&D and sale of transgenic crops; Monsanto will give Max Planck a license in the U.S. for research purposes.  No other details of the agreement are disclosed.

The chutzpah of the parties is revealed. 

From Bayer CropScience:  "This agreement secures freedom for the involved parties in the field of Agrobacterium-mediated transformation technology, thereby ensuring present and future market access for their respective technologies in the United States and Canada,"

From Monsanto:  "This is a positive development for agricultural biotechnology as a whole. This agreement enables their [MaxPlanck and Monsanto] respective agricultural innovations to reach consumers and farmers without hindrance."

If the technology is not licensed to anyone else - neither of these companies is known to widely license technology - then they are able to effectively stifle other companies from entering the transgenic plant field.  Agrobacterium is the most widely used method for transforming plants; there are very few other means of transformation, only bombardment (owned by Cornell and licensed to duPont) is frequently used.  With luck new transformation technology developed at CAMBIA using non-Agrobacterium strains will break the stranglehold.