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| Funk Bros. Seed Co. v. Kalo Inoculant Co. ： ウィキペディア英語版 |
Funk Bros. Seed Co. v. Kalo Inoculant Co.
''Funk Brothers Seed Co. v. Kalo Inoculant Co.'', 333 U.S. 127 (1948) is a United States Supreme Court decision in which the Court held that a facially trivial implementation of a natural principle or phenomenon of nature is not eligible for a patent.
==Factual background==
Leguminous plants are able to take nitrogen from the air and fix it in the plant for conversion to organic nitrogenous compounds. The ability of these plants to fix nitrogen from the air depends on the presence of bacteria that infect the roots of the plant and form nodules on them. These bacteria include six species of the genus ''Rhizobium''. No one species works with all species of leguminous plants, but each works with different groups of those plants.〔For example, ''Rhizobium leguminosarum'' bv. ''trifolii'' works with clover; ''Sinorhizobium meliloti'' works with alfalfa; and ''Bradyrhizobium japonicum'' works with soybeans.〕 Moreover, different species of Rhizobia bacteria produce an inhibitory effect on each other when mixed.
These bacteria have long been packaged for sale to and use by farmers in the inoculation of the seeds of leguminous plants, with each package containing only one species of root nodule bacteria, to avoid the mutual inhibition effect. The packaged inoculant could therefore be used successfully only in plants of the particular group corresponding to this bacterial species. Thus, if a farmer had crops of clover, alfalfa, and soybeans, he would have to use three separate inoculants.
The patentee discovered that there are strains of each species of root nodule bacteria which do not exert a mutually inhibitive effect on each other. Thus, he was able to provide a mixed culture of Rhizobia capable of inoculating plants belonging to several groups. Kalo exploited the claimed invention by selling multi-purpose packages containing a mixture of different species of Rhizobia suitable for different plants. Funk infringed by selling similar packages and Kalo sued for patent infringement. While the patent had claims both to the method of producing a multi-purpose inoculant by mixing together mutually non-inhibitive strains of Rhizobia and to the inoculant product comprising a mixture of mutually non-inhibitive strains of Rhizobia, the case before the Court involved only the product claims.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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