Fair Seeds for Farmers Act
Sponsored By: Senator Warren, Elizabeth [D-MA]
Introduced
Summary
This bill would sharply restrict federal intellectual property protection for plants, plant varieties, and plant germplasm by allowing protection only under the Plant Variety Protection Act or the Plant Patent Act. It would also bar enforcement of contracts that limit research, breeding, seed saving, or propagation for patent applications pending or filed, or contracts entered into, on or after enactment.
Show full summary
- Farmers and growers: Fewer legal limits on saving and reusing seed and other plant material for material tied to post-enactment patents or contracts. Existing patents from pre-enactment applications remain valid.
- Plant breeders and seed companies: Most patent-based exclusivity for plants would be removed, forcing reliance on the Plant Variety Protection Act or the Plant Patent Act for any legal protections.
- Researchers and conservation programs: Contracts made after enactment that restrict breeding, experimentation, conservation, seed saving, or propagation could not be enforced, expanding access to germplasm such as seeds, pollen, tubers, rootstock, and tissue-culture plantlets.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
New limits on plant patents and contracts
If enacted, the bill would bar federal intellectual property protection for plants, plant varieties, and plant germplasm. The only federal patent or plant protection allowed would be under the Plant Variety Protection Act or the Plant Patent Act. It would add definitions for "germplasm" (for example, seeds, pollen, tubers, rootstock) and for "plant variety." The bill would also stop enforcement of contracts entered into on or after enactment that limit research, breeding, experimentation, seed saving, or propagation. These rules would apply to any patent application pending on, or filed on or after, the date of enactment, and to any contract entered into on or after that date. The bill would not cancel patents issued from earlier applications that the new rule does not cover.
Sponsors & CoSponsors
Sponsor
Warren, Elizabeth [D-MA]
MA • D
Cosponsors
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 7/23/2026
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 7/23/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov