Recognizing Farmer’s Rights to freely save, use, exchange and sell farm-saved seed/propagating material of patented plants and plant material

Since patent laws do not normally allow the use of a patented plant, plant part or DNA sequence for the development of a new variety, the growing number of patents on plants across the world will decrease the gene pool from which farmers and breeders can source freely the seeds and breeding materials they want. In addition, patents may inhibit farmers’ traditional farming practices of using, exchanging and selling farm-saved seed that contains patented material. Despite the fact that the WTO TRIPS Agreement allows countries to exclude plants (and animals) from patentability (Article 27.3.b), developed countries and 60% of all emerging economies and developing countries allow for the patenting of plants or parts thereof. This submission briefly discusses 1) how countries can exclude patent protection for plants, including plant varieties, biological materials, and essentially biological processes for the production of plants. In case countries do allow patents on plants, this submission discusses 2) how countries can limit the scope of patents relating to plants and 3) possible exceptions to the exclusive rights normally granted by a patent.