The Hindu Business Line : Monsanto to sell wheat patent as part of cereal biz

THE US seed major, Monsanto, is looking to sell the patent given by the European Union for Indian wheat variety, with special baking qualities, as part of its cereal business assets. The company had exited cereal business in September last.

"We decided to exit the cereal business several months ago. And when we sell the business, its entire assets get transferred. In this case, the wheat patent is part of it," a Monsanto official told Business Line.

A hue and cry has been raised over the patent given by the Munich-based European Patent office to the wheat variety, Galatea, that exhibits a special baking quality derived by crossing a traditional Indian wheat variety, Nap Hal, with other conventionally bred plants.

According to environmental activists, the special baking quality comes from a naturally occurring combination of genes that reduces the percentage of protein in the grains.

Objections to the patent are mainly on the grounds that as early as in 1988, experiments into the particular baking properties of Nap Hal wheat were described in a scientific magazine. The qualities, which Nap Hal exhibits, make it particularly suited to producing crisp bakery products such as biscuits.

Meanwhile, the environment group, Greenpeace, has opposed the patent given to Monsanto for an Indian variety wheat in the EU Patent Office.

The challenge to the wheat patent was filed in the EU Patent Office before the Research Foundation for Science and Technology filed a petition in the Supreme Court. The petition came up for hearing on Friday in the apex court and the Union Government has been asked to file its reply by Monday.

"We filed our objection to the wheat patent given to Monsanto on January 27 in Munich," Dr Ashesh Tayal, Scientific Advisor, Greenpeace India, told Business Line.

"Any objection to the patent will have to be filed within nine months after the patent is awarded. The time expires on February 21 and, therefore, we decided to protest against it," Dr Tayal said.

Greenpeace had earlier protested against a patent given to Du Pont for a Mexican corn variety with special oil content. "Then, the Mexican Government objected to it along with us and we got it cancelled," Dr Tayal said, adding "we can have this patent also negatived if we go and defend our rights."

Monsanto officials say they are prepared to fully defend the patent. The officials said it was Unilever that originally applied for this patent, which was acquired by it in 1998.

Monsanto officials also dismiss allegations, particularly by Greenpeace, against it as misleading. "Almost every allegation of biopiracy over the last 20 years has its roots in misinterpretation of patent claims and misunderstanding of patent law," said Ms Ranjana Smetacek, Director-Public Affairs, Monsanto India.

"The new wheat variety was designed for use in Europe with characteristics suitable for industrial processing. The original research involves Nap Hal, which is freely available from several public germ plasm collections across the world," she said.

The wheat continues to be available to Indian farmers and scientists for use in future breeding projects and, therefore, the patented variety will not restrict continued research. "The new European variety has not yet been sold or planted commercially," Ms Smetacek said.

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