Supreme Court of the United States
J. E. M. Ag Supply, Inc., Dba Farm Advantage, Inc. v. Pioneer Hi-Bred International, Inc. — Breyer, J…
December 10, 2001534 U.S. 124
Summary
Justice Breyer, joined by Justice Stevens, dissents from the Court's holding that utility patents are available for plants. He reasons that the Plant Patent Act of 1930 and the Plant Variety Protection Act of 1970 specifically exclude plant subject matter from the general utility patent statute. He argues that Diamond v. Chakrabarty did not resolve whether utility patents cover plants specifically.