b'PROTECTING INNOVATIONRevisiting an Old Thought:Can I Save That Seed?SAVING SEED ISa concept that has been aroundseed for replanting is a violation of U.S. PVP law. for thousands of years. We usually think of savingI often hear theories on the scope of how much seed as a farmer setting aside seed from a prior yearsseed can be saved, including that a farmer can save the harvest for planting in future years.same amount of seed as they previously purchased. I am often asked questions on intellectual propertyHowever, the Court in Asgrow was fairly clear that a related to seed. Some of the questions I receive on afarmer can only save enough seed to replant one years regular basis, When can I save seed? and How muchcrop on their own acreage.seed can I save? The answer is, its complicated. Companies involved in germplasm developmentLimited Use Licenseor seed technology development generally re-investIn addition to patent and/or PVP protection, many JAMES WEATHERLY 10-12% of sales into new innovations. With the costseed varieties are also protected by contract or End Seed Innovation andof a variety development around $1-7 million over 8User License Agreement (EULA). Two of the more Protection Allianceyears depending on crop or the cost of commercial- common forms of contracts for seed varieties are bag/executive director izing a new trait estimated to be $136 million over 13tag agreements and/or limited use agreements. Bag/years1, companies have a financial responsibility to theirtag agreements are contracts often placed on seed shareholders and customers. Thus, there are severalcontainers and/or invoices that typically restrict the mechanisms to continue innovation development byuse of the seed within the container once opened companies.by the grower. Limited use agreements are between In the United States, there are a number of legal sys- farmer and breeder and often require that seed from tems that are used to protect seed, including patents,the variety can only be used to produce one commer-Plant Variety Protection (PVP), and contracts. cial crop and cannot be used for planting, transferred or provided to any party for crop breeding, research or Patents seed production.In the United States, specific seed varieties, character-WHEREWEB istics and improvements may be protected by one orNo PVP, Patent or License?ON THE more U.S. patents. A U.S. patent is administered by theSo, what if there is no PVP, patent or license protec-For more information U.S. Patent and Trademark Office. In general, a U.S.tion associated with a seed or its technology? Then on the intellectualpatent holder can prevent others from making, using,there may not be any restrictions to a farmers use property protectionoffering for sale, and selling, or importing the claimedof the seed in question. However, it is very important associated with invention in the United States. There is no exemptionto do your due diligence to ensure that there are no seed, visit the under patent law that allows a farmer to save seed.restrictions. SIPA website at seedipalliance.comPlant Variety Protection How do you Know if your Seed May be or contact JamesPVP protection is one option for seed varieties. PVPProtected?Weatherly at jamesw@seedipalliance.com. protection is administered by the U.S. Department ofSo how does a farmer know if the seed they are pur-Agriculture (USDA) and is used by developers of newchasing is protected?varieties to restrict the use, marketing and sales of Talk to your seed dealer or seed companyvarieties.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.SW1. CropLife International, Getting a Biotech Crop to Market, 201116/ SEEDWORLD.COMJUNE 2020'