The curious case of bean patents

You wouldn’t think that one man could corner the market on a widely grown staple — but then again you’re probably not that familiar with U.S. patent law and its impact on the import market. This is a tale of what is termed “biopiracy,” using patents to lay claim to items from the developing world.

Larry Proctor returned from Mexico in 1994 with a package of multi-colored beans. The beans, similar to a pinto bean, are known as Phaseolus vulgaris, or the Mayocoba bean. He selected a yellow varietal, planted the beans and allowed them to self-pollinate. Proctor argued that this process had created a distinct bean plant and filed a patent application for what he termed the Enola bean in 1996.

Three years later, the patent was granted for “a new field bean variety

that produces distinctly colored yellow seed which remains relatively

unchanged by season.” Proctor had a 20-year patent covering beans and

hybrids.