Beem Blog

Today the U.S. Supreme Court heard oral arguments in Bowman v. Monsanto, on the issue whether patent protection extends not only to original, genetically modified soybean seeds, but also to...

... subsequent crops of seeds, which, per Monsanto, are to be found guilty of infringement unless bought under license.

The principle of "exhaustion" of patent rights upon first sale is being considered in this context. In addition, there is a question whether self-replicating seeds should be excepted from the usual rule of exhaustion.