This bill, known as the "Fair Seeds for Farmers Act," aims to significantly limit intellectual property protections for plants by amending the Leahy-Smith America Invents Act. Its primary goal is to restrict the types of federal intellectual property rights available for plants, plant varieties, and plant germplasm. Specifically, it prohibits protection under any federal law other than the existing Plant Variety Protection Act and the Plant Patent Act of 1930, effectively disallowing utility patents for plants. A key provision of the bill is the invalidation of contractual obligations or agreements that restrict certain activities related to plants. These unenforceable agreements include those that limit the use of plants, plant varieties, germplasm, or other biological material for research, breeding, experimentation, seed saving, or propagation . This change applies to new patent applications and contracts entered into after the bill's enactment, while not affecting previously issued patents.
Read twice and referred to the Committee on the Judiciary.
Fair Seeds for Farmers Act
USA119th CongressS-5104| Senate
| Updated: 7/23/2026
This bill, known as the "Fair Seeds for Farmers Act," aims to significantly limit intellectual property protections for plants by amending the Leahy-Smith America Invents Act. Its primary goal is to restrict the types of federal intellectual property rights available for plants, plant varieties, and plant germplasm. Specifically, it prohibits protection under any federal law other than the existing Plant Variety Protection Act and the Plant Patent Act of 1930, effectively disallowing utility patents for plants. A key provision of the bill is the invalidation of contractual obligations or agreements that restrict certain activities related to plants. These unenforceable agreements include those that limit the use of plants, plant varieties, germplasm, or other biological material for research, breeding, experimentation, seed saving, or propagation . This change applies to new patent applications and contracts entered into after the bill's enactment, while not affecting previously issued patents.