Fair Seeds for Farmers Act
Sponsored By: Representative McGovern, James P. [D-MA-2]
Introduced
Summary
Limits federal intellectual property protection for plants to plant-specific statutes. This bill would require that federal patents or other IP rights for plants, plant varieties, and plant germplasm be available only under the Plant Variety Protection Act or the Plant Patent Act. It would also bar enforcing contracts that restrict use of those biological materials for research, breeding, seed saving, or propagation.
Show full summary
- Farmers and seed savers: Would protect the ability to save and reuse seed and other propagating material by blocking contractual limits on seed saving and propagation.
- Plant breeders and researchers: Would preserve freedom to study, breed, and experiment with germplasm by preventing contracts that lock up material for research or breeding uses.
- Seed companies and IP holders: Would narrow the tools available to control plant material to two statutes and limit enforcement of restrictive contract terms.
Additional details state clear definitions for "germplasm" and "plant variety" and set an effective date that would apply to patent applications and contracts pending or entered on or after enactment while preserving certain pre-enactment patents.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
New plant patent rules for farmers
If enacted, the bill would limit federal intellectual property protection for plants so protection could only be granted under the Plant Variety Protection Act or the Plant Patent Act. It would bar enforcing contracts made on or after enactment that restrict research, breeding, seed saving, or propagation of plants and germplasm. The rule would apply to patent applications pending on or filed on or after the date of enactment and to contracts entered into on or after enactment, but it would not affect the validity of patents already issued from older applications. The bill would also define "germplasm" (for example, seeds, pollen, tubers, rootstock) and a statutory definition of "plant variety" to clarify which materials are covered.
Sponsors & CoSponsors
Sponsor
McGovern, James P. [D-MA-2]
MA • D
Cosponsors
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 10/26/2026
Rep. Casar, Greg [D-TX-35]
TX • D
Sponsored 7/14/2026
Rep. Ansari, Yassamin [D-AZ-3]
AZ • D
Sponsored 7/22/2026
Rep. Frost, Maxwell [D-FL-10]
FL • D
Sponsored 7/22/2026
Rep. Pocan, Mark [D-WI-2]
WI • D
Sponsored 9/1/2026
Rep. Randall, Emily [D-WA-6]
WA • D
Sponsored 9/1/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov