argylesock says… This is important news for farmers and growers. To see why that’s so, you can scroll down to the last paragraph of the post I’m reblogging. I wonder what lawyers will make of this ruling. Does it invalidate the new clause in US law, known as the Monsanto Protection Act? Does it invalidate the recent ruling in Bowman vs Monsanto? [Edit] The original poster has now replied to these questions – see the post if interested.
The US Supreme Court last week handed down an important decision governing the expanded use of patents in recent years. The Court’s decision, issued in the case of the Association for Molecular Pathology v. Myriad Genetics, centered on the question of whether or not a patent held by the company Myriad Genetics over the BRCA1 and BRCA2 genes was valid. The two genes are closely connected to the development of breast and ovarian cancers, and Myriad had claimed a patent on the genes based on work they had done to discover and isolate the genes. Their patents prevented other researchers or companies from doing work on that gene sequence, and gave Myriad the ability to command higher prices for genetic tests to screen for those types of cancer.
The use of patents to protect innovation is guaranteed by the US Constitution. But the nature of those patents—and more…
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