Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 14816 / SEEDWORLD.COM DECEMBER 2016 NOW THAT THE patent on Monsanto’s first generation of Roundup Ready soybeans has expired, there’s the misconception that buyers can save it without infringing on intellectual property. But James Weatherly, executive director for the Seed Innovation and Protection Alliance, says that couldn’t be further from the truth, especially when it comes to soybeans. One of the most heavily invested in row crops in the United States, about 10 percent of annual soy- bean sales is reinvested into research and develop- ment. Worth about $34.4 billion in 2015, companies put an estimated $3.4 billion back into the pipeline for improved germplasm and stacked traits. These types of investments yield results. According to the U.S. Department of Agriculture, yields have increased from an average of 28.1 bushels per acre in 1984 to 40 bushels in 2015, a 70 percent increase. Through research and develop- ment, plant breeders have improved drought toler- ance and climate resilience, herbicide tolerance and insect protection, including nematode resistance. In a nutshell: “Just because it says ‘Roundup’ doesn’t mean it’s not protected,” Weatherly says. “There could be a utility patent related to germ- plasm, additional patents on other traits and restric- tion of use agreements on the bag. There are a lot of other innovations and intellectual property in soybeans that we need to be aware of.” For example Dan Alexander, DuPont Pioneer senior marketing manager for soybeans in the U.S. and Canada, says that despite the trait patent expiration, growers are unable to bin run Pioneer brand soybeans because of other patents and grower agreements that are in place. “This allows us to protect the multimillion dollar investment we make each year in bringing better soybean varieties to the market,” he says. Patents with claims to a variety can prevent others from making, using, offering for sale and selling, or importing the claimed invention. They can also prohibit breeding and research activities. Patents could have claims to characteristics and improvements, such as resistance to disease and plant pests, breeding techniques, improved nutri- tional aspects and flavor enhancement. The genetics of soybean varieties may also be protected by U.S. Plant Variety Protection, which allows certain plant breeding activities; however, the unauthorized reproduction of the protected variety is prohibited. According to SIPA, infringing activi- ties include selling, marketing, importing, exporting, producing and reproducing the protected variety. Gray Space Weatherly acknowledges that it can be confusing, especially when trying to figure out when a patent expires. The U.S. Patent and Trademark Office will not issue an expiry date, so it’s up to attorneys to calculate the respective date. “There are a number of factors that go into deter- mining when a patent expires and you have to dig into the history of a patent to figure out the expira- tion date of a particular claim,” he says, explaining that a patent expires 20 years from the date of filing, but additional information can be filed. For those interested in making use of off-patent events, Weatherly encourages they first: 1. Check the bag and tag label. 2.  Check the limited use agreement. 3. Check the product website. 4. Talk with the dealer. 5. Contact the seed company. After following those five steps, he says you’ll know if that material has any additional intellectual property tied to it that would prohibit use. SW The Seed Innovation and Protection Alliance recommends farmers, plant breeders and companies do their research before using off-patent events. Julie Deering Investigate Before Saving For more information about the Seed Innovation and Protection Alliance, visit Seedipalliance.com. WEB WHERE ONTHE From 1980 to 2011, soybean production saw a: 35% decrease in per-bushel land use. 66% decrease in soil erosion. 42% decrease in irrigation water. 48% decrease in energy use. 49% decrease in greenhouse gas emissions. BY THE NUMBERS