Have you accidentally saved seeds illegally? | Seed Utility Patent

What does patented seed mean? What is a seed utility patent? Can plants and seeds have intellectual property rights? If you’re wondering along these lines, you’re not alone! We started coming across seeds we thought were open-pollinated and fair game for seed saving this past year and were surprised to find restrictions on saving seeds that went beyond hybrids and GMO-seed.
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[@StephanDavisson]

Don't fear these companies. As long as you are not selling the seeds, do what you want with them and don't feel guilty or afraid for doing so. Someone can patent almost anything, enforcing it is another matter. They need deep pockets for that, and they are not deep enough to sniff out every backyard gardener who is saving their seeds for the next season. If you are selling them, you're on your own.

[@NorthFLWormWorks]

I tell myself everyday “the plant police don’t exist” 😅 but I don’t resell and no one cares about me so I don’t see myself running into these problems until food/crop shortages and restrictions occur. Not to mention plant origins are vague so as long as you sell as a no name product and not trying to market of the name it’d be hard to determine what plants or seeds came from patented packs after sowing and reharvesting. Still such an interesting topic though

[@NorthFLWormWorks]

Or even a compost pile volunteer weed hack. Could a court really follow through charges on someone who sold seeds from a plant that grew from a discard heap. At that point it’s not the same seed, plant, etc. seed companies use greenhouses mostly so any seeds created outside of their own wouldn’t be identical the same seed this being a completely different hybridized breeed of seed so in court it’d be very loosely gooey and really all about who your judge would be. Sorry the more I think of this the more ludicrous it would have to be to get to a court level of being arrested or fined.

[@iguesi]

As I witness private farm co-ops getting harassed and shutdown by the government, I would not put it passed the government to use any angle to shut down even home gardens. If you recall there were governors during the lock down that forbid the selling of garden supplies in box stores just a few years back.

[@-crazypants-3199]

Unless you are selling seeds. You have nothing to worry about.

[@realjondo9601]

i hope so, those laws are evil

[@anthonyh386]

Technically it says that "buyer agrees to disc up any plants..." So, how does one DISC up a plant?

[@swiftmatic]

Haven't been around farms or farmers too much, have you?

[@cottagefarmstead]

A disc harrow essentially rips up the top layer of plants of the soil and breaks up soil clods. Similar to a tiller.

[@NorthFLWormWorks]

@@swiftmaticmost of America hasn’t in the past 20 years or so… hence the disconnect in understanding the importance of where our food comes from and why many farmers face hardships and don’t receive their honest pays work.

[@anthonyh386]

@@swiftmatic It's been 40 years, sadly.

[@Steve-kg8zk]

Cross pollination is not protected under intellectual property rights when seeds open pollinate you can save the seeds. You're mistaken about this one. Seeds are not protected in thus way

[@cottagefarmstead]

Open-pollinated seed breeders can claim intellectual property rights through either Utility Patents and Plant Variety Protections which is precisely why we made this video. We were surprised too! Here is an example of an organic-certified open-pollinated seed that is patent protected. Under hybrid status, it is listed as open-pollinated, but if you read the description you will find that is it utility patented: www.johnnyseeds.com/vegetables/lettuce/romaine-lettuce-cos/breen-organic-lettuce-seed-118G.html From Johnny’s Seed’s Intellectual Property Rights pamphlet: “A plant variety with a utility patent can only be used for crop production and cannot be used for seed saving to resell, give away, or replant. Under no circumstances can the variety be used in a breeding program except that of the patent holder.” Each time a farmer or gardener chooses a plant with desirable traits (such as flavor, color, etc.) from which to save seed, they are breeding that variety. Cross pollination counts as breeding. Pamphlet source: www.johnnyseeds.com/about-us/about-our-seed/understanding-utility-patents-and-pvp.html For more about intellectual property rights and seed saving protections, I would highly recommend checking out the Open Seed Source Initiative: osseeds.org/

[@NorthFLWormWorks]

@@cottagefarmsteadin court it can be argued that growing conditions such as soil and fertilizer, greenhouse or not, would create a different legal strain of said seed. However depends on the fine print of the patent but really depends on how bad a seed company would want to enforce by having to take legal action against an individual, which I’m sure would cause quite the backlash.

[@NorthFLWormWorks]

@@cottagefarmsteadalso would selling just a tomato plant. With no name as the variety fall under said patent? Maybe the said variety that’s sold by johnnys but wouldn’t be impossible for the to have a patent for just a “tomato” plant right? They have distinct varieties. So as long as the seller labels their product as simply the plant name which is not legally patented ( tomato) no specifications at all. Even then I wonder if theirs actually cases of legal action against this issue

[@TheNetwork]

Just cross breed it with another. Now its no longer "illegal"

[@NorthFLWormWorks]

The more I think in this issue the more I realize these patents are along the similar lines of jay walking or other low enforced offenses. While yes it’s technically illegal, the urgency in enforcement is non existent for the most part. So as long as you either A. Have the bank account and balls to take on a Seed company(wouldn’t be hard with social media) or B. Just don’t use the patented name by legal terminology and you’ll be fine. The plant police will never come a knockin 😅