b'PROTECTING INNOVATIONPrevented Plantings and Cover Crop: Remember to Check Before You Plant2019 HAS BEENa tough year for growers. Heavycommercial crop; it cannot be used for planting, nor rains and flooding throughout the Central Plainscan it be transferred or provided to any party for crop and Midwest have made planting extremely difficult,breeding, research or seed production.resulting in a significant increase in the number of pre- In general, using bin run corn or soybean seed (pre-vented planting acres above the average. Many grow- viously harvested grain) for the planting of a cover crop ers are looking to alternatives to protect their soil andor sileage is most likely going to be at least a contract possibly provide additional income, such as plantingviolation as well as potentially a violation of patent and/cover crops or planting for sileage. Whether a groweror PVP rights, if the original seed was obtained through intends to plant seed that is expressly sold for use asa limited use license and/or has patent protection and/a cover crop or intends to use seeds such as corn andor PVP protection.JAMES WEATHERLY soybean as a cover crop or for sileage, they should Seed Innovation andmake sure they review their seed contract obligations Protection Allianceas well as any patent or Plant Variety Protection (PVP) executive director rights associated with the seed.In my travels, I have been asked a number of times,A patent in the United States allows the owner Is it ok if I go to the local bin and grab some beans or corn to plant as a cover crop if the beans or corn areof the patent to prevent others from making, protected by a patent or by PVP? Im just using the seed for grazing or hay. Im not going to harvest the seed. using, offering for sale and selling or importing This is an interesting but complex scenario, so letsthe claimed invention. take a look at it step-by-step. The important term in this scenario is the word USING. For context, a patent in the United States allows the owner of the patent to prevent others from WHEREWEB making, using, offering for sale and selling or import- In the case where seed is only protected by PVP ON THE ing the claimed invention. PVP protection, in general,rights, if the grower intends to plant bin run seed from For more information also allows a PVP owner to restrict the making, use,the growers own holdings (i.e. its their bin), it may fall on the intellectualmarketing and sale of new varieties. Brown baggingwithin an authorized use under PVP protection and property protectionor selling the saved seed for replanting is a violation ofmay be used for a cover crop or sileage. However, a associated with US PVP law. And of course, a seed variety in the Unitedgrower should still be mindful of any contract or patent seed, visit the States may have both PVP and patent protection whererights also associated with the PVP protected seed. SIPA website atboth protections are administered. But in the caseFinally, in the case of prevented planting acres, if the seedipalliance.comwhere a patent also covers a seed protected by PVP,seed that is planted for a cover crop or sileage is the or contact James Weatherly at jamesw@ saving seed is not allowed. same seed that was purchased and is not previously seedipalliance.com. It should also be noted that in addition to patentharvested seed, then the planting of a patented or PVP and/or PVP protection, many varieties of corn and soy- seed for a cover crop or sileage may be permitted, pro-bean are also protected by contract. Two of the morevided there are no contradictory contract terms. common forms of contracts for seed varieties are bag/ How Do You Know?tag agreements and/or limited use agreements. Bag/Talk to your seed dealer or seed company repre-tag agreements are contracts often placed on seedsentative.containers and/or invoices that typically restrict the use Check the bag and tag labeling.of the seed within the container once opened by theRefer to your limited use/technology use agree-grower. Limited use agreements often require thatment.seed from the variety can only be used to produce one Consult the seed company website.SW14/ SEEDWORLD.COMOCTOBER 2019'