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Legal Liability of Saving Seeds in an Era of Expiring Patents

Summary

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: review any agreements signed when purchasing the seed, check the label to determine if the variety is protected by the PVPA, patent law, or is unprotected, check with the seed company. Following these simple steps can serve as a strategy to manage the legal risks associated with seed saving.