The United States Patent and Trademark Office (USPTO) today rejected all of the patent claims for a common yellow bean that has been a familiar staple in Latin American diets for more than a century.

The bean was erroneously granted patent protection in 1999, as US Patent Number 5,894,079, in a move that raised profound concerns about biopiracy and the potential abuse of intellectual property (IP) claims on plant materials that originate in the developing world and remain as important dietary staples, particularly among the poor.

But this was not just a patent that was filed and forgotten about.

At one point, the patent-holder’s US$0.6-claim on every pound of yellow beans sold in the United States caused a steep decline in exports of such beans from Mexico to the USA, according to Mexican government sources.

So how did he get it?

In the 1990s, a Colorado man, Larry Proctor, bought some beans in a market in Mexico and after a few years of plantings, claimed he had developed what he called “a new field bean variety that produces distinctly colored yellow seed which remains relatively unchanged by season.” He dubbed it the “Enola bean,” filed a patent application and obtained a 20-year patent that covered any beans and hybrids derived from crosses with even one of his seeds.

Amazing he can still fight this to the American Supreme Court though.