The Supreme Court has ruled in favor of Monsanto in the case of Bowman v. Monsanto, saying, “Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.”
Justice Kagan delivered the court’s decision.
“Under the doctrine of patent exhaustion, the authorized sale of a patented article gives the purchaser, or any sub- sequent owner, a right to use or resell that article. Such a sale, however, does not allow the purchaser to make new copies of the patented invention. The question in this case is whether a farmer who buys patented seeds may reproduce them through planting and harvesting without the patent holder’s permission. We hold that he may not.”
For more backstory on the decision and activity on the case this past winter, read the following:
You might also like: