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
buy seroquel in canada buy generic seroquel australia buy seroquel mastercard seroquel online purchase buy cheap seroquel buy seroquel online uk buy seroquel american express can i get seroquel without a prescription? seroquel online without prescription seroquel 50mg tablets can you buy seroquel online seroquel buy online generic seroquel without a precsriptions buy Requip with american express purchase Tamoxifen prescription Requip buy brand Cytotec buy Tamoxifen without doctor Maxalt drug furosemide order tamoxifen without rx Tamoxifen purchase without prescription Order Finasteride online without a prescription buy requip 0.5mg uk order keflex uk buy atarax canada online atarax order online buy keflex online uk tenormin online without a prescription buy revia with visa where can i get revia without a prescription tenormin without a rx buy tenormin cheap Cytotec oral how to buy cytotec online without a rx generic Seroquel without prescription canada order buy Cytotec online Cytotec mexico buy cod Cytotec where can i buy Cytotec online without a prescription buy online Cytotec Cytotec purchase Cytotec without rx needed buying Cytotec over the counter Cytotec non rx fedex overnight free order Cytotec overnight buy cytotec in the uk order Cytotec overnight buy Cytotec shipped cod how to order Cytotec online without a rx buy Cytotec cheap online can you buy Clomiphene online Finasteride online without prescription purchase Cytotec over the counter cod overnight Cytotec overnight cod buy generic Cytotec buy Clomiphene 50mg buy Isotretinoin canada pharmacy Metformin buy Cytotec discount uk Maxalt generic Finpecia 1mg canada Arimidex generic online generic Accutane without prescription where to buy Seroquel online purchase Furosemide where can i buy Arimidex over the counter buy cheap Requip on line Finpecia online sale without prescription