Bowman vs Monsanto

The U.S. Supreme Court is currently reviewing the case Bowman vs Monsanto to determine whether the patent of a replicable good also extends to future generations of that good. Elements are contract law are visited, however, this case specifically delves into the jurisdiction of federal intellectual property laws. While the idea and use of patents dates back to the early kings and queens of England, the initial U.S. patent law was instated in the Patent Act of 1790 and has been modified multiple times since.

The issue at hand is to determine whether farmer Vernon Hugh Bowman, 75, of Indiana, can grow Monsanto's "Roundup Ready" genetically modified soybeans without contracting with Monsanto. Monsanto sold its beans to farmers with a contractual agreement for farmers to not save seeds; thus requiring farmers to contract with Monsanto for every crop cycle.

Bowman argues that he legally obtained the soybeans from a mix of beans generally used for feed and industrial uses. However, Bowman then treated all of the beans acquired with Roundup herbicide to kill off any unmodified beans after planting, and saved the beans from the plants that grew. Bowman was therefore able to grow and sell crops solely made of Monsanto's Roundup Ready soybeans without compensation to Monsanto.

Monsanto argues Bowman not only find a way around contracting for the beans, but also intentionally violated intellectual property law as well, claiming future generations of Roundup Ready soybeans are included with their patent.

New York Times Article