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J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., 534 U.S. 124 (2001), [1] was a decision of the United States Supreme Court holding for the first time that utility patents may be issued for crops and other flowering (sexually reproducing) plants under 35 U.S.C. § 101. [2]
The main reason for having the utility requirement is to prevent issuing patents on things which are speculative and may block useful inventions in the future. [ citation needed ] In a pharmaceutical context, the utility problem usually arises when there is a patent claim on a new drug, but the patent disclosure does not specify (or does not ...
Unlike the Patent Act of 1952, the PVPA contains three exemptions that significantly limit the scope of the plant breeder's exclusive right.First, the PVPA's provision safeguarding the "public interest in wide usage" allows the United States Department of Agriculture to declare an otherwise protected variety open on the basis of equitable remuneration to the owner, upon a finding that no more ...
The 100 known most prolific inventors based on worldwide utility patents are shown in the following table. While in many cases this is the number of utility patents granted by the United States Patent and Trademark Office, it may include utility patents granted by other countries, as noted by the source references for an inventor.
As with all utility patents in the United States, a biological patent provides the patent holder with the right to exclude others from making, using, selling, or importing the claimed invention or discovery in biology for a limited period of time - for patents filed after 1998, 20 years from the filing date.
Clarence Thomas—Supreme Court Justice who worked as an attorney for Monsanto in the 1970s, then wrote the majority opinion in J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc. [292] finding that "newly developed plant breeds are patentable under the general utility patent laws of the United States." [284] [289] [292] [293]
Plant breeders' rights contain exemptions that are not recognized under other legal doctrines such as patent law. Commonly, there is an exemption for farm-saved seed. Farmers may store this production in their own bins for their own use as seed, but this does not necessarily extend to "brown-bag sales" (i.e. resale of farm-saved seed to ...
Unlike in most other countries, having a patent and a utility model for the same invention is not allowed in Russia. However, it is possible to have a Russian utility model and a Eurasian patent for the same invention. The main advantage of a utility model in Russia is a very short prosecution time (usually, no more than 6 moths) and a low cost.
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