Earlier studies indicated that there existed a very complex patent situation around Golden Rice. Does this affeect the Golden RiceProject in any way?
Patents are national in scope, not international. In the US a complex intellectual property situation exists around Golden Rice technology, which is not replicated in Europe or in developing countries. Analysis of the patent issues surrounding the initially invented Golden Rice has determined a far less complex position in developing countries than that previously reported by some commentators. Critics of the project originally made mention of more than 70 patents, a figure derived from a study conducted by the International Service for the Acquisition of Agri-Biotech Applications (Kryder et al. 2000). While correct, only 12 of these patents relate to developing countries, and all have been waived by their owners. These remaining patents do not restrict the inventors freedom to develop the project for the benefit of developing countries. The new constructs donated to the Humanitarian Project do not require access to any additional third party intellectual property.
