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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.
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Document type: Statement