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The U.S. Department of Agriculture (USDA) announced multiple actions to deliver on the President’s Executive Order on Promoting Competition in the American Economy to promote fair and competitive markets for American farmers and ranchers, and lower food prices for American families. The announcement included a new Seed Competition Framework for promoting research access to germplasm that represents a three-part strategy for enhanced seed system diversity, competition, and resilience.
Specifically, the framework:
- Identifies opportunities for better defining patent-related disclosure for seeds so researchers understand their freedom to operate. A letter from USDA to the U.S. Patent and Trademark Office (USPTO) USPTO describes the need for more clarity on breeding history and pedigrees and ensuring accessibility to seeds samples placed in patent depositories to adequately disclose plant-related inventions. Clarifying disclosure requirements for utility patents on seeds would help ensure researchers can better understand the scope and bounds of patent rights on plant-related inventions and conduct the research necessary to develop new innovations.
- Provides guidance to USDA researchers around observational uses of protected germplasm in the context of patent law. The ability to observe and understand patented inventions is necessary for federal scientists to pursue critical research and to innovate without fear of infringement. View USDA’s guidance for federal researchers (PDF, 201 KB).
- Encourages that germplasm developed by federal funding be shared for research and plant breeding, thus reflecting existing best practices. This will potentially help ensure that the germplasm pool is available for future innovation for both private and public breeders alike to bring new and diverse choices to the market. View USDA’s guidance for federally-funded research (PDF, 194 KB).
To learn more about USDA’s focus on seed competition, and to report a complaint, visit the Farmer Seed Liaison webpage.
