J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc.

 
DOCKET NO.
99-1996
OP. BELOW
SUBJECT
Patent
AUTHOR
Thomas

Question(s) Presented

“This case presents the question whether utility patents may be issued for plants under 35 U.S.C. § 101 (1994 ed.), or whether the Plant Variety Protection Act, 84 Stat. 1542, as amended, 7 U.S.C. § 2321 et seq., and the Plant Patent Act of 1930, 35 U.S.C. §§ 161–164 (1994 ed. and Supp. V), are the exclusive means of obtaining a federal statutory right to exclude others from reproducing, selling, or using plants or plant varieties.”

Holding

“We hold that utility patents may be issued for plants.”