House Bill Proposes Restricting Federal IP Protections for Plant Innovations

The U.S. House of Representatives introduced the Fair Seeds for Farmers Act, H.R. 9681, on July 14, 2026, proposing significant changes to federal intellectual property (IP) protections for plants, plant varieties, and plant germplasm. The bill was introduced by Representative Jim McGovern (D-Mass.) with Representative Greg Casar (D-Texas) as an original co-sponsor. It was referred to the House Judiciary Committee but has not yet received a committee vote or advanced to the full House.

The legislation seeks to amend the Leahy-Smith America Invents Act by adding a new section that would limit the forms of federal IP protection available for plants. Specifically, it would restrict plant-related IP protection to only those provided under the Plant Variety Protection Act (PVPA) and the Plant Patent Act of 1930, effectively removing utility patents as an option for protecting plants, plant varieties, and plant germplasm.

Currently, plant innovations may receive multiple forms of federal IP protection. The U.S. Patent and Trademark Office (USPTO) issues utility patents covering inventions including genes, traits, breeding methods, plant parts, and plant varieties. It also grants plant patents for qualifying new and distinct asexually reproduced plant varieties. Separately, the U.S. Department of Agriculture’s (USDA) Plant Variety Protection Office administers the PVPA, which offers certificates protecting eligible sexually reproduced, tuber-propagated, and asexually reproduced plant varieties for 20 years, or 25 years for vines and trees.

Under the proposed bill, developers would no longer be able to seek utility patents for plants or related genetic material. Instead, protection would be limited to PVPA certificates or plant patents, provided the material meets the respective legal criteria. The bill does not explicitly clarify how this limitation would apply to patent claims involving genes, traits, breeding methods, or plant parts, categories currently eligible for utility patent protection by the USPTO.

In addition to restricting IP protections, the Fair Seeds for Farmers Act would bar enforcement of new contracts that restrict research, breeding, experimentation, seed saving, or propagation activities involving plant material. This provision applies broadly without limiting the scope to specific company sizes or types of seed businesses.

The PVPA already includes exemptions permitting the use and reproduction of protected varieties for bona fide research and plant breeding without constituting infringement. It also allows farmers to save seed produced from legally obtained seed for planting on their own farms, subject to statutory limitations. However, patents or contracts can impose additional restrictions on varieties sold with PVPA protection. The bill’s contract provision aims to prevent future agreements from imposing such restrictions on the listed activities.

The legislation also introduces federal definitions for “germplasm” and “plant variety.” Germplasm is defined as plant material capable of propagation, including seeds, pollen, tubers, or rootstock used in breeding, conservation, or research. A plant variety is identified by genetic traits that distinguish it at the lowest botanical rank, must be distinguishable from other plant groupings by at least one characteristic, and be suitable for propagation without altering its defining traits.

The bill further clarifies that seed, transplants, plants, tubers, tissue culture plantlets, or other material may represent a plant variety under these definitions.

As of now, the Fair Seeds for Farmers Act remains a proposal and would only alter current law if it passes both chambers of Congress and is signed by the president. Its introduction signals ongoing debates over the scope of intellectual property protections in agriculture and the balance between innovation incentives and farmers’ rights.