Bowman v. Monsanto Co.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent
AUTHOR
Kagan

Question(s) Presented

“Under the doctrine of patent exhaustion, the authorized sale of a patented article gives the purchaser, or any subsequent 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.”

Holding

“We hold that he may not. . . . In the case at hand, Bowman planted Monsanto’s patented soybeans solely to make and market replicas of them, thus depriving the company of the reward patent law provides for the sale of each article. Patent exhaustion provides no haven for that conduct.”

Date
Proceedings and Orders
February 19, 2013