b'PROTECTING INNOVATIONRevisiting an Old Thought:Can I Save That Seed?SAVING SEED ISa concept that has been aroundI often hear theories on the scope of how much for thousands of years. We usually think of savingseed can be saved, including that a farmer can save the seed as a farmer setting aside seed from a prior yearssame amount of seed as they previously purchased. harvest for planting in future years.However, the Court in Asgrow was fairly clear that a I am often asked questions on intellectual propertyfarmer can only save enough seed to replant one years related to seed. Some of the questions I receive on acrop on their own acreage.regular basis, When can I save seed? and How much seed can I save? The answer is, its complicated.Limited Use LicenseCompanies involved in germplasm developmentIn addition to patent and/or PVP protection, many or seed technology development generally re-investseed varieties are also protected by contract or End JAMES WEATHERLY 10-12% of sales into new innovations. With the costUser License Agreement (EULA). Two of the more Seed Innovation andof a variety development around $1-7 million over 8common forms of contracts for seed varieties are bag/Protection Allianceyears depending on crop or the cost of commercial- tag agreements and/or limited use agreements. Bag/executive director izing a new trait estimated to be $136 million over 13tag agreements are contracts often placed on seed years1, companies have a financial responsibility to theircontainers and/or invoices that typically restrict the shareholders and customers. Thus, there are severaluse of the seed within the container once opened mechanisms to continue innovation development byby the grower. Limited use agreements are between companies.farmer and breeder and often require that seed from In the United States, there are a number of legal sys- the variety can only be used to produce one commer-tems that are used to protect seed, including patents,cial crop and cannot be used for planting, transferred Plant Variety Protection (PVP), and contracts. or provided to any party for crop breeding, research or seed production.PatentsIn the United States, specific seed varieties, character- No PVP, Patent or License?WHEREWEB istics and improvements may be protected by one orSo, what if there is no PVP, patent or license protec-ON THE more U.S. patents. A U.S. patent is administered by thetion associated with a seed or its technology? Then For more information U.S. Patent and Trademark Office. In general, a U.S.there may not be any restrictions to a farmers use on the intellectualpatent holder can prevent others from making, using,of the seed in question. However, it is very important property protectionoffering for sale, and selling, or importing the claimedto do your due diligence to ensure that there are no associated with invention in the United States. There is no exemptionrestrictions. seed, visit the under patent law that allows a farmer to save seed. SIPA website atHow do you Know if your Seed May be seedipalliance.comPlant Variety Protection Protected?or contact JamesPVP protection is one option for seed varieties. PVPSo how does a farmer know if the seed they are pur-Weatherly at jamesw@seedipalliance.com. protection is administered by the USDA and is used bychasing is protected?developers of new varieties to restrict the use, market-Talk to your seed dealer or seed companying and sales of varieties.representativeHowever, unlike a patent, a PVP does allow a farmer to Check the bag and tag labelingsave seed in certain cases. The U.S. Supreme Court ruled Refer to your limited use/technology use agreement in Asgrow v. Winterboer that U.S. PVP law allows for a Consult the seed company websitefarmer to save enough seed to replant one years crop onIf you see or suspect seed piracy you can contact their own acreage. Brown bagging or selling the savedthe SIPA Tip Line at 844-SEED TIP.SWseed for replanting is a violation of U.S. PVP law. 1. CropLife International, Getting a Biotech Crop to Market, 201190/ SEEDWORLD.COMINTERNATIONAL EDITION 2020'