University of Maryland Extension

patent law

Legal Liability of Saving Seeds in an Era of Expiring Patents

2014 marked the expiration of Monsanto’s patent on the first generation Round-up Ready technology. But, this expiration does not mean that farmers using seed from first generation Roundup Ready technology will be able to save harvested seed for planting a subsequent crop. Many seed companies...

Farmer-saved Seed: What is Legal? What is Not?

Most wheat and soybean seed sold in Maryland is protected by either U.S. Patent Law or the Plant Variety Protection Act (PVPA). These protections severely limit the age-old practice of “farmer-saved seed” or prohibit it entirely, depending upon the protection the owner of the variety secures. The...

Legal Liability of Saving Seeds in an Era of Expiring Patents

While the Roundup Ready patent has expired, producers nonetheless need to understand the implications for their operations and how other laws may continue to limit their ability to save harvested seed for planting the following season. To determine if seed can be saved, producers should: 1) Review...
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