A unanimous U.S. Supreme Court that often is skeptical of patents embraced a key seed patent last week in the case of a Monsanto Co. soybean variety that was being replicated by savvy farmers.
The decision in the closely watched Bowman v. Monsanto Co. may have its biggest impact in biotechnology, where self-replicating techniques often are used in research as well as commerce. Language in the decision could invite more patent infringement claims in that field, said Kenyon & Kenyon partner Patrice Jean, although she added, "I don’t think the court meant to prevent researchers from continuing their research."
