Monsanto has yet another case pending in the court system, this time before the U.S. Supreme Court on the exclusivity of its genetically modified seed patents. Narrowly at issue is whether Monsanto retains patent rights on soybeans that have been replanted after showing up in generic stocks rather than being sold specifically as seeds, or whether those patent rights are “exhausted” after the initial planting. But more broadly the case also raises implications regarding control of the food supply and the patenting of life – questions that current patent laws are ill-equipped to meaningfully address.

On the specific legal issues, Monsanto is likely to win the case (they almost always do). The extant facts make this a relatively poor platform to serve as a test case of Monsanto's right to exert such expansive powers. The farmer in this situation had previously purchased Monsanto soybeans for planting (back in 1999), and in this instance bought previously harvested soybeans with the intention of planting them – even spraying Monsanto's Roundup herbicide on them in the hopes that at least some of the generic stock would be of the so-called "Roundup Ready" variety.

Despite this unfortunate posture, the case does provide another opportunity for critical inquiry regarding the unprecedented and perverse level of control Monsanto is asserting over the food supply. It is estimated that 90 percent of the soybeans in the U.S. are genetically modified and thus subject to potential patents. A random handful of soybeans procured anywhere is likely to contain at least some Monsanto-altered beans. Such a near-monopoly effectively gives Monsanto the right to control access to a staple food item that is found in a wide range of consumer products.

Other variations on this theme include pollen from Monsanto corn (similarly dominant in the U.S. market) pollinating a farmer's crop, or seeds from Monsanto-engineered grains being distributed by animals, winds, or waterways and commingling with non-GMO plantings. In each case, Monsanto could have a cause of action against an unwitting farmer by claiming patent infringement.