Farmer’s use of genetically modified soybeans grows into Supreme Court case
By Robert Barnes, Saturday, February 9, 3:12 PM
In SANDBORN, Ind. — Farmer Hugh Bowman hardly looks the part of a revolutionary who stands in the way of promising new biotech discoveries and threatens Monsanto’s pursuit of new products it says will “feed the world.”
“Hell’s fire,” said the 75-year-old self-described “eccentric old bachelor,” who farms 300 acres of land passed down from his father. Bowman rested in a recliner, boots off, the tag that once held his Foster Grant reading glasses to a drugstore rack still attached, a Monsanto gimme cap perched ironically on his balding head.
“I am less than a drop in the bucket.”
Yet Bowman’s unorthodox soybean farming techniques have landed him at the center of a national battle over genetically modified crops. His legal battle, now at the Supreme Court, raises questions about whether the right to patent living things extends to their progeny, and how companies that engage in cutting-edge research can recoup their investments.
What Bowman did was to take commodity grain from the local elevator, which is usually used for feed, and plant it. But that grain was mostly progeny of Monsanto’s Roundup Ready beans because that’s what most Indiana soybean farmers grow. Those soybeans are genetically modified to survive the weedkiller Roundup, and Monsanto claims that Bowman’s planting violated the company’s restrictions.
Those supporting Bowman hope the court uses the case, which is scheduled for oral arguments later this month, to hit the reset button on corporate domination of agribusiness and what they call Monsanto’s “legal assault” on farmers who don’t toe the line. Monsanto’s supporters say advances in health and environmental research are endangered.
And the case raises questions about the traditional role of farmers.
For instance: When a farmer grows Monsanto’s genetically modified soybean seeds, has he simply “used” the seed to create a crop to sell, or has he “made” untold replicas of Monsanto’s invention that remain subject to the company’s restrictions?
An adverse ruling, Monsanto warned the court in its brief, “would devastate innovation in biotechnology,” which involves “notoriously high research and development costs.”
“Inventors are unlikely to make such investments if they cannot prevent purchasers of living organisms containing their invention from using them to produce unlimited copies,” Monsanto states.
Bowman said Monsanto’s claim that its patent protection would be eviscerated should he win is “ridiculous.”
“Monsanto should not be able, just because they’ve got millions and millions of dollars to spend on legal fees, to try to terrify farmers into making them obey their agreements by massive force and threats,” Bowman said.
