The ability to obtain a general utility patent on seed technology has led to cases in which farmers have been sued for misappropriation of the technology. Because seed is reproducible, any farmer that saves seed is a natural competitor of a company that sells seed.1 But, for seed that is patented, the saved seed exemption of the PVPA2 is avoided, and the saving of seed can be prohibited. Indeed, under Technology Use Agreements for genetically modified seed presently in use, a farmer can use the seed for one-time planting, may not supply the seed to anyone else for planting, may not save any crop produced from the seed for replanting (or supply saved seed to anyone else for replanting) and must not use the seed or provide it to anyone for crop breeding, research, generation of herbicide registration data or seed production.3
McEowen, Roger A.
"Developments in GMO Patent Infringement Cases,"
Agricultural Law Digest: Vol. 15
, Article 1.
Available at: https://lib.dr.iastate.edu/aglawdigest/vol15/iss12/1