Bowman v. Monsanto (2012)
- Docket
- 11-796
- Decided
- 2012-01-01
Summary
Question: Does a patent right for self-replicating technology expire after an authorized sale? Conclusion: No. Justice Elena Kagan delivered a unanimous opinion holding that the doctrine of patent exhaustion does not allow the purchaser to make copies of a patented item. Because the product in question is a seed, using the seed to grow a crop and then harvesting those seeds for future use constitutes creating copies of a patented item. In this case, Bowman's one-time purchase of Monsanto's product allowed him to take advantage of their patented product over the course of many seasons without respecting the rights of the patent holder. The Court also held that this reading of the doctrine allowed patents for plants to retain their value.