Intellectual Property Stewardship or Farm-Saved Seed: Will It Cost You The Farm Or Save You Money

Intellectual Property Stewardship or Farm-Saved Seed: Will It Cost You The Farm Or Save You Money

October 12, 2007

Today more and more seeds have specialty traits that are protected with patents. This makes it a real risk to plant farm saved seed. It is important to know the facts when it comes to saving and replanting seed of all varieties and the importance of respecting Patent and Plant Variety Protection laws.

While PVPA law has limited provisions for farm saved seed, patented seed cannot be replanted without the patent owner's permission. Patent holders are diligent in protecting their intellectual property rights due to the high cost of developing these traits. Seed piracy is dealt with harshly. Growers caught infringing on patent rights can face financial exposure of $500 or more per acre, crop destruction, litigation cost, and loss of access to the technologies.

In Nebraska alone well over 200 growers have been caught saving Roundup Ready® soybeans. This has led to an average resolution of $18,904 per grower. Over 30 Nebraska growers have lost the right to use this technology. These settlement costs are much higher than the cost of the technologies.

Innovation and new seed technologies are important so our legal system provides protection for those who invent new technologies. Just as copyright law protects an author, seed patent laws protect the companies that develop the seed technology we depend upon. Protecting crop technologies is everyone's responsibility. Follow the law for your benefit and ours.

Steve Knox
Secretary-Manager
Nebraska Crop Improvement Association

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