Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

By on May 16, 2013

by Paul Devinsky, Cynthia Chen and Lincoln Mayer

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme Court cautioned that its decision is limited to the facts of the Bowman case and is not a pronouncement regarding all self-replicating products.

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