Re:“Open Source” Seeds Loosen Big Ag’s Grip on Farmers
by pfdietz on Friday February 10, 2023 @12:57PM
(#34743144)
No, if he didn't save seeds from crop plants on that land. That saving of seeds after spraying was the incriminating act.
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Re:“Open Source” Seeds Loosen Big Ag’s Grip on Farmers
by UncleEntity on Friday February 10, 2023 @06:55PM
(#34747769)
How does the doctrine of first sale not apply here?
I could make up some convoluted argument but… the neighbor conducted the first sale so this should have extinguished any further patent claim. Of course, IANAL.
Re:“Open Source” Seeds Loosen Big Ag’s Grip on Farmers
by pfdietz on Friday February 10, 2023 @08:13PM
(#34748426)
He is not reselling individual seeds. He is manufacturing new seeds. He is not allowed to do that, and particularly not allowed to do that with intent.
Re:“Open Source” Seeds Loosen Big Ag’s Grip on Farmers
by gruez on Friday February 10, 2023 @08:14PM
(#34748438)
From wikipedia:
>A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention.
In this, letting the plant reproduce arguably falls under "making" (ie. manufacture) of the patented thing (the genetically modified plant).