Re:As Kenya’s crops fail, a fight over GMO rages
by A_D_E_P_T on Sunday March 05, 2023 @02:42PM
(#35033152)
The PCT thing isn't automatic, though, and it is quite expensive. (Filing fees in the $3000-5000 range for most US entities.) I believe that the majority of US patent filers don't make use of it.
...And, even if you do file a PCT application, you have to follow it up with patent filings in the foreign offices of your choice -- for that application doesn't grant you a patent, just a priority date in foreign patent offices and an extended deadline to file.
I wonder whether Monsanto et al.'s patents are valid in Kenya. Their patent office's site doesn't contain much information: kipi.go.ke
Re:As Kenya’s crops fail, a fight over GMO rages
by AlbertCory on Sunday March 05, 2023 @02:54PM
(#35033267)
> The PCT thing isn't automatic, though, and it is quite expensive.
Nonetheless, that's what a multinational company would do.
> you have to follow it up with patent filings in the foreign offices of your choice
that's what I said.
As for Kenyan patents: I don't think it matters. If you can only manufacture the seeds in the US or UK, then patents in those countries would suffice.
> patents are not globally enforceable
right
> If your patent has been published, it may be no longer capable of attaining a foreign patent.
Wrong. There is a Patent Cooperation Treaty (PCT), which most nations of the world are signatories to, which avoids this problem. You file PCT first, and then your filing date is set for all national-stage patent filings later.
> Virtually no patents -- even very important ones -- are filed in every possible jurisdiction
Right.