Secular Café: Violating a patent by planting seeds?

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Violating a patent by planting seeds? Apr 13th 2012, 16:27 Farm-fresh infringement: Can you violate a patent by planting some seeds? Quote: Can a farmer commit patent infringement just by planting soybeans he bought on the open market? This week, the Supreme Court asked the Obama administration to weigh in on the question. The Court is pondering an appeals court decision saying that such planting can, in fact, infringe patents. In 1994, the agricultural giant Monsanto obtained a patent covering a line of "Roundup Ready" crops that had been genetically modified to resist Monsanto's Roundup herbicide. This genetic modification is hereditary, so future generations of seeds are also "Roundup Ready." Farmers had only to save a portion of their crop for re-planting the next season, and they wouldn't need to purchase new seed from Monsanto every year. The company didn't want to be in the business of making a one-time sale, so when Monsanto sold "Roundup Ready" soybeans to farmers, it required them to sign a licensing agreement promising not to re-plant future generations of seeds. The issue: Quote: Monsanto has a point. Taking Bowman's argument to its logical conclusion would imply that anyone could buy a single batch of commodity (but still Roundup Ready) soybeans and use it to sell an unlimited number of copies. This would effectively eviscerate Monsanto's patent protection. Yet Monsanto's position—that planting Monsanto-derived soybeans always requires Monsanto's permission—could also have troubling consequences. In a world where 94 percent of soybeans in circulation are descended from Monsanto's genetically engineered seeds, it might be hard for farmers who didn't want Monsanto's seeds even to buy seeds that were not patent encumbered. Monsanto's position would effectively place the burden on farmers to test seeds they hope to plant in order to ensure they are not covered by any patents.

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