Usage and Availability of off-Patent Germplasm and Traits.

Plant variety seed products are afforded intellectual property (IP) protection via both the patent and plant variety protection (PVP) systems in exchange for future public access.  In the US, IP protection ends upon patent and/or PVP expiration, after which germplasm may be requested by the general public.  Biotechnology (also referred to as genetically engineered) traits are and remain regulated articles regardless of IP status in various world areas.  The regulated status of these traits may impose limits or conditions on the use of seed containing the traits by regulatory authorities.

The United States Department of Agriculture (USDA) germplasm system has been instrumental in facilitating the availability of germplasm following PVP expiry.  For the past 15 years, Monsanto has been one of the leading developers and providers of germplasm, biotechnology traits and genetically engineered seeds.  The company has been actively engaged in conversations with multiple stakeholders, including growers, other industry partners, and public entities regarding the implications of IP protection expiration of both genetically engineered traits and germplasm containing those traits.