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Replanting patented seeds

Vernon Hugh Bowman v. Monsanto

Updated Oct 19, 2026

In brief

The Supreme Court agreed with the lower court: Bowman’s purchase did not give him permission to grow and reuse more of Monsanto’s patented seeds.

Where it stands
Decided

Decided 9-0 · May 13, 2013 · Opinion by Justice Kagan

What it’s about
The dispute was whether Vernon Hugh Bowman could plant Monsanto’s patented seeds and reuse seeds harvested from the crop after an authorized purchase.
Who it affects
Bowman could not rely on his authorized purchase as permission to reproduce Monsanto's patented seeds.

Summary: written with AI from the case record.

Illustration for Vernon Hugh Bowman v. Monsanto Company
Conceptual illustration · AI-generated

What it's about

The Supreme Court agreed with the Federal Circuit that the purchase did not permit Bowman to reproduce patented seeds through planting and harvesting without Monsanto’s permission.

Bowman sought to plant Monsanto's patented seeds and reuse seeds harvested from the crop after an authorized purchase.

The case concerned patented seeds that can produce more seeds when planted and harvested.

Question presented

Does a patent right for self-replicating technology expire after an authorized sale?

What the Court decided

Holding

Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. 657 F. 3d 1341, affirmed.

Result
Affirmed

The Court's reasoning

The Court said an authorized sale did not give Bowman permission to reproduce additional patented seeds by planting and harvesting them.

The vote

  • Joined the judgment
  • Wrote an opinion
Majority · 9joined the Court's opinion
  1. Breyer
  2. Kaganwrote the opinion
  3. Thomas
  4. Scalia
  5. Kennedy
  6. Ginsburg
  7. Sotomayor
  8. Roberts
  9. Alito
9 justices joined the judgment.

What's next

The Federal Circuit's ruling remains in place; the Supreme Court did not send the case back for more proceedings.

Documents

2

Docket activity

10
  • New analysis added

    Oct 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 19, 2026 · Generated

  • New analysis added

    Oct 19, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 19, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 19, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 19, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 19, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - Bowman

    Oct 30, 2014 · Court records

  • Opinion added: Bowman

    May 13, 2013 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 19, 2026Methodology

Court records and filings

Reporting and analysis