WIKIMEDIA, NYTTENDThe Supreme Court ruled on Monday (May 13) on the case Bowman versus Monsanto that the agricultural biotechnology company retained its patent rights over soybeans descended from the company’s seeds and planted by Indiana farmer Vernon Hugh Bowman. The decision was a limited one, meaning that the justices are confining their ruling to this particular case rather than making any sweeping statements.
Monsanto makes a type of patented transgenic soybean that is resistant to the herbicide glyphosate, or Roundup. Bowman bought Roundup-resistant soybean seeds from Monsanto for his main crop each year. But when it came to planting his riskier second crop of the season, he elected to use unlabelled seeds purchased at a grain elevator, which he could have presumed to include Roundup-resistant seeds from Monsanto. He then treated the crops with Roundup, effectively selecting for Monsanto seeds.
Farmers that buy Monsanto seeds sign a contract stating that they will not save seeds from year to year but rather will buy new ones from the company each season. But Bowman saved seeds from his secondary crop and planted them as his secondary crop of the following ...