The current patent laws governing genetically modified organisms (GMOs) are insufficiently regulated, leading to issues that jeopardize food security, small farm survival, and public health. GMOs differ fundamentally from other patented innovations because they involve self-replicating, living organisms that interact unpredictably with natural ecosystems, and once introduced, cannot be easily contained or controlled. (It is akin to creating a new virus to fight off an existing one—it introduces unknown risks and uncontrollable consequences.) The unrestricted ability of large corporations to patent GMO seeds and other modified organisms enables a monopolistic grip on the food supply, often resulting in smaller farms being driven out of business or coerced into using GMO products under the threat of litigation. This policy proposal seeks to draw a clear line: GMOs—specifically living, reproducing organisms—should not be patentable entities. Patents should instead apply only to the processes used to create these organisms, not the organisms themselves. Additionally, genetically modified organisms should not be used as vaccine carriers or injected into living organisms - and needs to be halted immediately - and the patents of same removed. By implementing this policy, the United States can uphold the rights of farmers, protect biodiversity, safeguard public health against the unpredictable risks of DNA-altering vaccines, and ensure a healthier, less monopolized food supply.
Policy Proposal:
- Introduction of Regulatory Oversight
Any modifications to living organisms must be subjected to rigorous review by a federal regulatory body, specifically a GMO Oversight Commission. This Commission will operate under the Department of Agriculture and partner with the Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA) to assess the ecological, health, and economic impacts of proposed GMOs. - Limiting the Scope of GMO Patents
- Process Patents Only: Companies may patent the methods and techniques used to engineer genetic modifications but may not patent the resulting organisms themselves. This distinction allows innovation in genetic engineering while preventing monopolistic control over natural, self-replicating life forms.
- Ban on Organism Patents: Self-replicating living organisms, once genetically modified, should not be patentable due to their potential for uncontained spread, risk to biodiversity, and impact on non-GMO crops. The Commission will conduct assessments to determine if an organism’s modification poses a risk to non-GMO crop contamination and impose limitations as needed.
- Protection for Non-GMO Farmers
- Liability for GMO Contamination: GMO patent holders will be legally responsible for any cross-contamination that affects neighboring non-GMO farms. This policy safeguards farmers from financial and legal repercussions stemming from inadvertent GMO contamination.
- Non-Compete Enforcement: Small farms and organic producers should have the right to retain their traditional, non-GMO practices without pressure from patent-holding corporations. This clause prevents extortionary practices in which smaller farms are forced to switch to GMOs or face costly lawsuits.
- Restriction on GMO Usage in Vaccines and Injections
- Prohibition of GMO Use in Vaccines for Invasive Purposes: Genetically modified organisms should not be used to deliver vaccines or other biological agents into humans or animals without extensive, transparent testing and oversight from the Commission. And even then, should not be patentable, but open to all if truly effective. All vaccines currently involving GMOs must undergo comprehensive evaluations for long-term health impacts, cross-species interactions, and environmental effects and stopped if deemed harmful.
- Enforcement and Monitoring
- The GMO Oversight Commission will conduct annual audits and reviews of GMO use in agriculture, pharmaceuticals, and biotechnology to ensure compliance with these regulations. Any infringements or unauthorized use of GMOs beyond the scope of these policies will be subject to fines and other penalties.
- Public Transparency and Data Access: All approved and rejected GMO modifications, their intended uses, and the assessments conducted will be publicly documented and accessible to uphold transparency and foster public trust.
This policy aims to ensure a safe and fair agricultural ecosystem that prioritizes natural biodiversity, public health, and the rights of small farmers, while guarding against unpredictable genetic interventions and still allowing for responsible innovation in genetic science.
Unlike policies that call for a blanket ban on GMOs, this approach addresses the core issue by targeting the patentability of genetically modified organisms. By removing the ability of corporations to patent and profit directly from living modified organisms, this policy effectively (and efficiently) removes the primary incentive for monopolistic and potentially life-threatening practices with one swift stroke, cutting the problem out at its roots and creating a more equitable and sustainable agricultural environment for future generations.