By Darren Hefty

I get this question all the time, but most commonly it comes right around the 1st of the year as final seed decisions are being made.  This year, there’s a little more to discuss on this topic.

Farmers in the United States cannot currently save for next year’s production any Roundup Ready soybeans from either the first generation Roundup Ready soybean trait (we’ll call it RR1 for simplicity) or the new Roundup Ready 2 Yield trait (which I’ll abbreviate RR2Y).  Both of these traits are protected under applicable trait patents in the U.S.  The Monsanto Technology/Stewardship Agreements you sign in order to purchase Monsanto traits also prohibit the replanting of Roundup Ready soybeans.  The original RR1 trait has a patent expiration date in the near future, though.  In the spring of 2015, farmers in the U.S. may be able to save certain varieties of RR1 beans for replanting on their own farms.

I don’t know if you caught it or not, but the last paragraph has a number of carefully worded statements that deserve further explanation.

  1. Farmers in the United States – Did you realize that patents last for different amounts of time in the U.S. versus other countries?  Also, there are some countries that don’t want to recognize our patents, but that’s a story for another day.  The big deal happening this year is that the patent for RR1 beans has expired in Canada.  You can’t bring seed across the border from Canada into the U.S., but you will certainly hear about “brown bagging” going on across the border this year.  I, for one, am curious how big this will be.
  2. There are two Roundup Ready traits right now: RR1 and RR2Y – The patent on RR1 expires near the end of the growing season in 2014.  The patent on RR2Y does not expire for quite a few more years after that.  Check out your seed supplier’s varieties offered for this year.  Most companies have almost completely switched away from RR1 varieties several years in advance of the patent expiration.  Some of that is likely due to marketing, but I can tell you from my own personal experience that much of the switch is simply due to better performance from the RR2Y varieties.  With soybean prices north of $10 per bushel, RR2Y soybeans beat the best RR1 varieties in yield trials this year by an average of more than 4 bushels per acre in our state.  4 extra bushels X $10 per bushel equals a much better deal for farmers planting the newer genetics with the RR2Y trait.
  3. Saving beans for replanting on your own farm – Right now, you CANNOT SAVE ROUNDUP READY SOYBEANS FOR REPLANTING.  After the patent expires, you can save certain varieties of Roundup Ready 1 soybeans for replanting on your own farm.  It likely will not be legal to raise varieties with expiring trait patents and sell them to your neighbors.
  4. Certain varieties – I am not a lawyer, but since many of the soybean varieties have patents on the genetics in the bag (not just the traits) you’ll have to be aware of those legal guidelines, as well.  When you plant your seed for the 2014 growing season, check with your supplier to learn what your options are at that time.

To explain that last point a little more, breeders earn patents for their work developing new soybean varieties.  Some companies will continue to enforce those patents even if the RR1 trait patent has expired.  Others, like Monsanto, have already said they will not enforce plant variety patents on RR1 varieties beginning in the spring of 2015 for farmers replanting seed on their own farms.  It’s up to you to learn what your seed supplier’s plans for patent enforcement are.

Since this is a complicated subject, I’d also like to make you aware of some additional information Monsanto has available at: http://www.monsanto.com/newsviews/Pages/roundup-ready-patent-expiration.aspx.