Brazil says Monsanto's Intacta patent should be voided

FILE PHOTO: The Monsanto logo is displayed on a screen where the stock is traded on the floor of the New York Stock Exchange (NYSE) in New York City, U.S., May 9, 2016. REUTERS/Brendan McDermid/File Photo

SAO PAULO (Reuters) - Brazil’s patent office has concluded that Monsanto Co’s Intacta RR2 Pro patent for genetically modified soy seed technology should be declared void after reexamining the issue, according to court filings seen by Reuters regarding a lawsuit against the company by grain growers association Aprosoja.

Aprosoja’s Mato Grosso branch in November asked a Brazil federal court to cancel Monsanto’s Intacta RR2 PRO soy seed patent, claiming it did not bring real technological innovation. Intacta’s patent protection extends through October 2022.

In a document dated Jan. 17, the solicitor general’s office said the patent office, INPI, issued a technical opinion in December arguing that the patent, PI0016460-7, “is at odds with legal requirements.”

Monsanto said in a statement on Monday that it was informed of INPI’s opinion and said it will challenge the allegations in due course.

Aprosoja hailed INPI’s opinion as “recognition” by the patent office that Intacta’s patent is not valid.

Reporting by Ana Mano; Editing by Richard Chang and Leslie Adler