Monsanto Canada Inc. developed a strain of canola seed that was resistant to a herbicide that Monsanto produced. Monsanto patented this strain of genetically-engineered seed. Schmeiser, a farmer, noticed that some of his crop was resistant to this herbicide. He collected these seeds and replanted them. When it turned out his plants contained the genetically-modified genes, Monsanto sued for patent infringement. How should the Court rule?

Select one:

a.

One can patent genetically altered plant forms. By collecting, saving, and planting the seeds, the farmer infringed thePatent Act.

b.While genetically altered plant forms can be patented for medical purposes, they cannot be patented for commercial gain.

c.One can patent genetically altered plant forms. Monsanto lost the action, however, as the farmer's infringement was not deliberate.

d.One cannot patent genetically altered plant forms. Life forms cannot properly be the subject of a patent application.