The development of new plant varieties and hybrids requires a great research effort, lots of time, and is a very expensive activity. Because the seed of many crops is easily reproduced and sold, it is often difficult for developers to recover their development cost, much less earn a profit. Without incentives to develop new varieties, our country, and farmers in particular, would not have the many new varieties developed to date and could not expect to receive the benefits of future variety development.
The principal incentive for research and development of new varieties is granted in the exclusive right to reap the financial rewards of that effort for a number of years. There are two methods by which developers of plant varieties may profit from their development effort. These methods are 1) protection through a certificate of plant variety protection under the Plant Variety Protection Act (PVPA) and 2) a utility patent.
1)The Plant Variety Protection Act:
This act was developed to promote the development of new varieties. It allows plant breeders to determine who can sell seed of the varieties they develop, which helps them recoup the funds expended to develop improved varieties. This system provides farmers with a continuous stream of improved varieties with increased yield potential and resistance to insects and diseases, and improved adaptation to adverse growing environments.
The Amended Plant Variety Protection Act became effective April 4, 1995, and covers all crops included in this guide except hybrid corn. The following actions are prohibited without the authority of the owner of a variety:
Selling or offering a protected variety for sale
Sexually multiplying the variety as a step to marketing it for seeding purposes
Using seed marked or labeled "propagation prohibited” to propagate the variety
Dispensing the variety to another person without telling that person the variety is protected
The law specifies how a farmer whose primary occupation is growing crops for food or feed (not growing crops as a source of seed to sell) may use seed. Seed protected under this law must be sold by variety name (except for turf, forage crops, alfalfa and clover). A producer who has obtained the seed with the authority of the owner may use the seed for growing a crop and save the seed that results from that crop for his/her personal use. He/she may not sell this reproduced seed to a second producer.
Title V: This option of variety protection allows for the sale of seed by variety name only as a class of certified seed. Non-certified sales are prohibited. Seed may be called “Certified” only after meeting all the requirements and standards of an Official Seed Certifying Agency, which in Ohio is the Ohio Seed Improvement Association.
2)Utility Patents
Utility patents are a means of protection for varieties with special characteristics, especially those developed through genetic engineering or biotechnology. Examples are Roundup Ready and Glyphosate Tolerant varieties and hybrids, Liberty Link varieties and hybrids, Yield Guard Plus, Hercurlex, and Clearfield Hybrids.
Table 1 shows what activities are permitted and prohibited by farmers and seed conditioners under the different seed protection laws.
Table 1: Seed Protection: Rights and Responsibilities
FARMER:
'94 PVPA
TITLE V
PATENT
Allowed to save seed
Yes*
Yes*
No
Allowed to sell seed (noadvertising)to neighbor if in compliance w/ state laws
No
'70 PVPA only
No
CONDITIONER:
Condition varieties for farmers
Yes*
Yes*
No
Store seed for farmers
Yes*
Yes*
No
Clean or stock as step in marketingvariety
No
No
No
Deliver or load seed to a third party
No
No
No
Advertise farmer saved seed
No
No
No
Sell or act as broker for farmersavedseed
No
No
No
*Limited to the amount of seed needed to plant a farmer's own holdings
(land owned,leased or rented).
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