Canada Supreme Court Rules For Monsanto In Closely Watched Biotech Patent Case

Law360, New York (May 21, 2004, 12:00 AM EDT) -- Canada’s Supreme Court has ruled for U.S. biotech giant Monsanto on Friday in a closely watched patent suit against Saskatchewan farmer Percy Schmeiser.

The court ruled 5-4 that Monsanto holds a valid patent on a gene it inserted into canola plants to make them resistant to Roundup herbicide, and that Schmeiser infringed the patent by knowingly planting the Roundup Ready seeds.

Although a plant is a higher life form and therefore cannot be patented, a gene in a plant can be patented, the court ruled....
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