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Context of 'July 6, 2001: USDA and Delta & Pine Land Conclude Negotiations on Terminator Patent'

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The US Department of Agriculture (USDA) and Delta & Pine Land Company jointly obtain US patent 5,723,765 for a technology that would be used to make sterile seeds (see 1994 and after). The seeds, dubbed “terminator” seeds by critics, would grow into plants that would produce seeds that when replanted would literally kill themselves by producing a toxic protein. Delta & Pine Land has exclusive licensing rights, while the USDA would earn about 5 percent of the net sales of any commercial product using the technology. The USDA and Pine Land Co. have also applied for patents in at least 78 other countries. Delta & Pine Land says in its press release that the technology has “the prospect of opening significant worldwide seed markets to the sale of transgenic technology for crops in which seed currently is saved and used in subsequent plantings.” [USPTO Patent Database, 3/3/1998; Rural Advancement Foundation International, 3/30/1998; Ecologist, 9/1998]

Entity Tags: Delta & Pine Land Company, US Department of Agriculture

Timeline Tags: Seeds

Monsanto says it will purchase Delta & Pine Land Company, the company that shares a jointly-held patent on terminator technology with the US Department of Agriculture (see March 3, 1998). [Ecologist, 9/1998] The acquisition will be stalled by US anti-trust agencies, and in December 1999 Monsanto will drop its bid (see December 19, 1999).

Entity Tags: Delta & Pine Land Company

Timeline Tags: Seeds

The US Department of Agriculture and cotton seed producer Delta & Pine Land jointly acquire a new patent (US Patent No 5,925,808) for genetic seed sterilization, also known as terminator technology. The patent is for innovations related to its original patent for seed sterilization (see March 3, 1998) issued in March 1998. [USPTO Patent Database, 7/20/1999]

Entity Tags: Delta & Pine Land Company, US Department of Agriculture

Timeline Tags: Seeds

The US Patent office issues its third patent (US Patent No 5,977,441) to the US Department of Agriculture and cotton seed producer Delta & Pine Land for genetic seed sterilization, commonly known as terminator technology. The patent is for innovations related to two earlier patents (see March 3, 1998) issued in March 1998 and July 1999 (see July 20, 1999). [USPTO Patent Database, 11/2/1999]

Entity Tags: Delta & Pine Land Company, US Department of Agriculture

Timeline Tags: Seeds

Biotech giant Monsanto and drug maker Pharmacia & Upjohn Inc. agree to merge. Together the two companies have a combined market value of about $52 billion. [New York Times, 12/20/1999] Shortly after the merger announcement, Monsanto says it has decided to drop its bid (see May 11, 1998) for Delta & Pine Land, the cotton seed company that shares a patent (see March 3, 1998) with the Department of Agriculture for terminator technology. [Reuters, 12/22/1999]

Entity Tags: Monsanto, Pharmacia & Upjohn Inc, Delta & Pine Land Company

Timeline Tags: Seeds

The US Department of Agriculture (USDA) and Delta & Pine Land conclude negotiations on a licensing agreement for genetic seed sterility technology. The technology would be used to make seeds that produce sterile plants as a way for companies to prevent farmers from saving and replanting proprietary seeds. The sterile seeds have been dubbed “terminator” seeds and “suicide” seeds. Defenders of the technology say it can be used to make genetically modified plants “biosafe” since the plants would be unable to spread their genes to other plants. The USDA and Delta & Pine Land jointly hold three patents on this technology, the first being issued in March 1998. The licensing agreement, under negotiation for some time, establishes the terms and conditions under which the company can use the technology. One of the terms of the agreement is that Delta & Pine Land would not be permitted to use the technology in any heirloom varieties of garden flowers and vegetables. Critics say this is hardly a restriction considering that biotechs have never expressed any interest in heirloom plants—rather their interest is in commercial agriculture. The license also prohibits the company from making any terminator seeds available before January 1, 2003. Any seeds using the technology would also have to be tested for safety by the USDA, the agreement says. Also, the agreement requires that the USDA allocate any royalties it receives to the USDA’s technology transfer efforts. [US Department of Agriculture, 8/1/2001; Rural Advancement Foundation International, 8/3/2001]

Entity Tags: US Department of Agriculture, Delta & Pine Land Company

Timeline Tags: Seeds

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