The Drift of Genetically Engineered Seeds

Assume for instance that a farmer buys, say, a mix of “soya seeds” from a local grain elevator, and sow them. Later, it turns out that, the undifferentiated mix of seeds also contained “Patented Genetically Engineered (GE) seeds”. Will it be an act of infringement??? For centuries, farmers have saved seeds from season to season and re-planted the saved seeds later in the season. An American company Monsanto has challenged this ancient practice. Biotech Industry Giant, Monsanto, had developed GE seeds that are resistant to its own herbicide (roundup), which farmers spray on fields to control weeds while their crops... Read More

VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

Gajendra Khichi, an intern at Khurana and Khurana talks about case of patent exhaustion or doctrine of exhaustion. Through this post, he gives special emphasis on the recent case of Vernon Hugh Bowman v/s Monsanto Company et al., which created quite a stir regarding patentability of seeds and plants. Today, when you acquire a new patented machine, you gain certain rights which you attain by paying for that machine. So you can sell it, use it or lend it to someone. But what if you somehow come to know about the method to make the machine and now you want to produce... Read More