United States supreme court approves utility patents for plants and seeds

摘要

Since 1985, the United States Patent and Trademark Office (PTO) has issued some 1,800 utility patents for plants, plant parts and seeds. These patents are to be distinguished from the type of patents issued under the 1930 Plant Patent Act (PPA) or the Certificates of Registration issued under the 1970 Plant Variety Protection Act (PVPA). The latter two regimes provide significantly narrower protection than utility patents, which are the type issued for other inventions such as chemical compounds, pharmaceutical compositions, machines, etc. In 1985, the PTO instituted a practice for the first time ever, that allowed plant breeders the same scope of patent rights that other inventors have always enjoyed. For example, for utility patents and the lawsthat apply to them, there is no saved seed exemption nor any research exemption from what are normally regarded as infringing acts. The question presented to the United States Supreme Court in J.E.M. Ag Supply, Inc. dba Farm Advantage, Inc. v. Pioneer Hi-Bred Int'l, Inc. was whether the Patent Office's actions were correct, or whether those 1,800 utility patents were erroneously issued under an incorrect interpretation of law.