Self-Replicating Technologies (Patents in the Field, Part 2)

In our earlier post - Patents in the Field (Part 1) - we reviewed the topic of patent exhaustion in a patent infringement case in which Monsanto sued a farmer who was collecting and replanting seed that contained Monsanto’s patented genetically-modified genes.

In Bowman v. Monsanto Company the US Supreme Court has decided to hear the appeal of the 2011 decision. In the earlier decision of the Federal Circuit Court of Appeals, Monsanto sued, claiming the second crop and the saved seeds infringed on its patent, because its patented technology existed somewhere in that crop. The farmer defended by claiming the defence of “patent exhaustion” - that any patent rights in the second crop of seeds were exhausted, and further use or sale of those seeds would not infringe Monsanto’s patent. The Federal Circuit appeals court rejected this defence, reasoning that by planting the commodity seeds containing the “Roundup Ready” patented technology, the farmer created an infringing article (i.e. the plant grown from the next generation of seeds). This replication of the patented article constituted an infringement, which was not excused by the “patent exhaustion” doctrine.

The US Supreme Court case of Bowman v. Monsanto will be closely watched and the final decision could be a milestone case in the area of self-replicating technologies and intellectual property in the agricultural industry.

Related Reading:

Calgary - 07:00 MDT

No comments yet. Be the first.

Leave a reply

You must be logged in to post a comment.


Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 118

Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 125

Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 118

Deprecated: Function set_magic_quotes_runtime() is deprecated in /home/rstobbe/ipblog.ca/wp-content/themes/rstobbe/style.php on line 125
where can i purchase zithromax online purchase Buspar no visa online without prescription medikament Alli uk buy Lisinopril buy Lisinopril legally order generic Metformin Metformin drug where to buy cheap prednisone no prescription purchase Buspar without prescription to ship overnight buy Maxalt for women buying Maxalt online without prescription generic Maxalt without a precsriptions Maxalt generic names buy cheap metformin without prescription Premarin mexico buy Metformin without a credit card buy Metformin no rx online Maxalt purchase purchase online prescription metformin without online Metformin order buy Metformin no prescription low cost Finpecia purchase canada buy prednisone brand cheap Cytotec online no prescription buy Finpecia store no rx finpecia with fedex buy finpecia next day delivery