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The implication of cross-pollination on genetic patents is quite far reaching. Sooner or later, more lawsuits will pop up, and the Supreme Court is going to have to decide again. The narrow scope of Bowman v. Monsanto Co. is unlikely to be enough if farmers use plants of different species.

I wonder slightly at what point an plant still inhabits the "invention". 99% genetic similarity to the patent? 10%? 1%? At what point does it losses the attribute of being the property of Monsanto?



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