In a blow to opponents of GMOs and Monsanto, the Supreme Court today ruled unanimously that an Indiana soybean farmer violated the company’s patent by saving its trademark Roundup Ready seeds.
Every time a farmer buys seeds from Monsanto, she or he must sign a contract agreeing not to save seeds from the crop. Monsanto’s many vociferous critics condemn this practice for the way it traps farmers in a costly cycle of dependence on the company’s products. The farmer in this case, Vernon Bowman, signed such an agreement when he originally bought Monsanto’s Roundup Ready soybeans. But he found a clever way to get around the restrictions. Tom Laskawy explains:
For years, Bowman would grow a first crop of Monsanto seed, which he would purchase legally, and then would buy some commodity seed from his local grain elevator for his second crop. While aware he could not save seeds from the first crop he grew, Bowman would later plant the commodity seeds, spray the plants with Roundup, and was then able to identify which were resistant to the herbicide when they didn’t die. Bowman saved those seeds and saved money, since he had bought the commodity seeds for his second crop at a steep discount without paying Monsanto or signing its licensing agreement.
Farmers can sell saved seed to local grain elevators, which often resell the mixed seed packs for animal feed or industrial uses. In buying these so-called commodity seeds from the grain elevator, Bowman rightly assumed, as The Washington Post explains, that “those beans were mostly Roundup Ready — resistant to the weedkiller glyphosate — because that’s what most of his neighbors grow.” Bowman saved and replanted the Roundup Ready seeds from his second crop for eight years before Monsanto caught on and sued.