Monsanto files brief in Bowman v. Monsanto
In this case, the Supreme Court must determine how to apply a patent doctrine (known as “patent exhaustion”) that originated in the 19th century to 21st-century innovations like drought- and insect- resistant crops. These biotechnologies require hundreds of millions of dollars to develop but can be readily replicated millions of times because they consist of genetic or other easily copied material. Both lower courts that heard the case agreed with Monsanto’s position and ruled that well-settled patent law prevents the unauthorized copying of this type of invention.
“Courts have repeatedly ruled that patent law protects agricultural biotechnology, just as it protects innovations in computers, medicine, and other technologies,” Snively said. “Without such protections, anyone could create a virtually limitless supply of patented technology, eviscerating the incentive to continue the R&D investments that will bring about the breakthroughs of tomorrow.”
It is expected that a wide array of universities, technology-related industries and scholars will side with protecting innovation via a continued clear legal framework as expressed consistently by the courts, Congress and the United States Patent Office.
Interested parties can access more information about the case, its history, Monsanto’s brief, and the U.S. government’s brief online at: http://www.innovationatstake.com/.
Download the full Brief for Respondents.