Use of Second Generation Seed Constitutes Patent Infringement

A farmer who legally purchased patented seeds from Monsanto was recently sued for replanting second generation seeds without permission (Monsanto v. Bowman). Generally the purchaser of a patented item may use and resell that item; however, a purchaser is not permitted to make additional copies of that item. Although the second generation of seeds was created without human intervention, the U.S. Supreme Court held that the replanting of these seeds constituted patent infringement.

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