DETAILED STATEMENT IN SUPPORT OF REQUEST FOR REEXAMINATION OF U.S. PLANT PATENT NO. 5,751

The Center for International Environmental Law (CIEL), representing COICA and the Amazon Coalition, requests the reexamination of U.S. Plant Patent No. 5,751 for the 'Da Vine' cultivar of Banisteriopsis caapi. The request argues that the patent is invalid because the plant's characteristics—specifically its rose-colored flowers—are typical of the species and documented in prior art from U.S. herbaria. Furthermore, the document asserts that the plant is found in an uncultivated state and that granting a patent over a sacred plant used in indigenous Amazonian religious and medicinal traditions violates public policy and international principles like the Convention on Biological Diversity.

• The 'Da Vine' cultivar is not distinct from the species Banisteriopsis caapi because its primary distinguishing feature—rose-colored petals that fade to white—is documented in prior art from the University of Michigan and Field Museum herbaria.
• Herbarium accession sheets from the University of Michigan and the Field Museum, dating between 1974 and 1983, constitute printed publications and prior art that prove the 'Da Vine' characteristics existed in the U.S. before the patent application.
• The claimed morphological differences of 'Da Vine'—including leaf size, shape, texture, and sterility—are attributed to plant plasticity and growing conditions in Hawaii rather than genetic distinctness.
• The patent is invalid under 35 U.S.C. § 161 because Banisteriopsis caapi is found in an uncultivated state in the Amazon region, and the patentee did not facilitate the creation of a new variety.
• The medicinal and psychotherapeutic properties claimed in the patent are not novel but are part of traditional knowledge used by indigenous Amazonian peoples for centuries.
• Granting the patent violates public policy and morality because Banisteriopsis caapi is a sacred plant central to the religious rituals of over 400 indigenous cultures in the Amazon basin.
• The patent contradicts international principles, specifically the Convention on Biological Diversity, by claiming private rights over a genetic resource that is the natural heritage of Amazonian countries.

APA

Center for International Environmental Law (1999). DETAILED STATEMENT IN SUPPORT OF REQUEST FOR REEXAMINATION OF U.S. PLANT PATENT NO. 5,751. https://www.ciel.org/wp-content/uploads/2015/03/ReexaminationofUSPlantPatent5751.pdf

Chicago

Center for International Environmental Law. DETAILED STATEMENT IN SUPPORT OF REQUEST FOR REEXAMINATION OF U.S. PLANT PATENT NO. 5,751. 1999. https://www.ciel.org/wp-content/uploads/2015/03/ReexaminationofUSPlantPatent5751.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=DETAILED STATEMENT IN SUPPORT OF REQUEST FOR REEXAMINATION OF U.S. PLANT PATENT NO. 5,751 |date=30 March 1999 |url=https://www.ciel.org/wp-content/uploads/2015/03/ReexaminationofUSPlantPatent5751.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallaw1999detailed, author = {{Center for International Environmental Law}}, title = {{DETAILED STATEMENT IN SUPPORT OF REQUEST FOR REEXAMINATION OF U.S. PLANT PATENT NO. 5,751}}, publisher = {Center for International Environmental Law}, year = {1999}, month = mar, url = {https://www.ciel.org/wp-content/uploads/2015/03/ReexaminationofUSPlantPatent5751.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }