Number: RL31568
Title: Plants, Patents, and Seed Innovation in the Agricultural Industry
Authors: John R. Thomas, Resources, Science and Industry Division 
Abstract: This report offers an overview of the availability of intellectual property rights for plants, focusing upon the seed industry. It initially offers an introduction to seed innovation. It then reviews the three intellectual property regimes applicable to plant innovation: utility patents, plant patents, and plant variety protection certificates. It then details a 2001 decision of the Supreme Court, J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., which held that sexually reproducing plants may be subject to utility patents. The ramifications of J.E.M. v. Pioneer upon the agriculture industry are then explored. The report closes with concluding comments on possible legislative responses to the J.E.M. v. Pioneer decision as well as implications of the decision for intellectual property rights generally.
Pages: 20
Date: Updated September 13, 2002