Better Patents Now

#19 Monsanto’s Wise Choice


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Megan and Chris evaluate the prosecution history of U.S. Patent No. 5,352,605, Monsanto’s patent on genetically modified soybeans that was at issue in Bowman v. Monsanto. Monsanto’s counsel for this patent application took a very aggressive prosecution strategy—appealing after the first final office action—and it paid off. In what other situations could such an aggressive appeal strategy make statistical sense?

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Better Patents NowBy LexisNexis® IP, Chris Holt, Megan McLoughlin