Monsanto Company (NYSE: MON) announced that it has won the key patent battle regarding biotech-gene technology for protection of plants against insect damage. The decision by the U.S. Patent and Trademark Office that Monsanto's scientists were the first to invent this important discovery ends a nearly eight-year Patent Office dispute with Mycogen Seeds, a subsidiary of Dow AgroSciences.

The 200-page decision, issued late yesterday by the Board of Patent Appeals and Interferences, recounts the factual and legal basis for finding that Monsanto was the first company to invent the technology for synthetic "Bt" genes in plants, which are widely used today by farmers under licenses from Monsanto to protect their crops from insect damage. The long anticipated, but widely expected outcome before the Patent Office was obtained in an interference proceeding instituted years ago at the request of Monsanto. Litigation between the same companies over the same technology area was previously decided in Monsanto's favor. The company announced its intention to immediately seek the issuance of a patent covering the invention involved in its successful interference proceeding.

"We're delighted that this scientific dispute finally has been resolved in Monsanto's favor," said Robert T. Fraley, Ph.D., executive vice president and chief technology officer for Monsanto. "We're pleased for the team of devoted researchers at Monsanto who were intimately involved in the pioneering innovations that permit farmers throughout the world to protect their valuable crops from insect damage."

Bacillus thuringiensis (Bt) is a naturally occurring bacterium present in soil that is an effective insect-control agent. Crops containing Monsanto's synthetic Bt gene invention, such as Monsanto's YieldGard Rootworm corn and Bollgard cotton, are protected against certain insects, but do not injure plants or animals. In 2003, varieties of corn and cotton containing Monsanto's insect-protected technologies were planted on more than an estimated 30 million U.S. acres.

"Beneficial agricultural products developed using our patented technology are important to farmers and other companies engaged in the improvement of corn and cotton crops, and Monsanto has a well-established track record of broadly licensing our technologies to other seed companies, including Mycogen," Fraley said.

The patent interference issue was originally declared on Nov. 7, 1996, and involves U.S. Patent No. 5,380,831 assigned to Mycogen Seeds and an application assigned to Monsanto.

Monsanto Company a leading global provider of technology-based solutions and agricultural products that improve farm productivity and food quality.