In March 2023, USDA published More and Better Choices for Farmers (pdf), a report responding to the Biden Administration’s historic Executive Order on Promoting Competition in the American Economy. USDA moved quickly to execute the report’s top recommendation: to establish a “Farmer Seed Liaison” within the Agricultural Marketing Service.  

The USDA Farmer Seed Liaison initiative provides a point of contact within the USDA to help those who work with seeds navigate a complex system. The Farmer Seed Liaison connects seed growers and intellectual property (IP) administrators, antitrust regulators, licensing and labeling enforcers, and other federal partners to ensure that farmers have the choices they need to be successful. The goals of the initiative are to enhance transparency in the seed marketplace; amplify the voices of growers, seed producers, and others in the seed system; and promote broader access to seeds for research and plant breeding. 

Competition and Innovation in Seeds 

USDA continues to deliver on its commitments to promote fair competition and innovation in seeds. 

In October 2024 USDA announced a multipart framework leveraging its funding and research capacity, as well as interagency partnerships, to increase transparency and improve access to the starting materials plant breeders need to create diverse, resilient, and competitive seed varieties. These were key recommendations identified in USDA’s 2023 report, More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs. 

This Seed Competition Framework represents a three-part strategy for enhanced seed system diversity, competition, and resilience that the Agricultural Marketing Service (AMS) Farmer Seed Liaison developed in consultation with the U.S. Patent and Trademark Office (USPTO) and the Federal antitrust agencies as part of an Interagency Working Group on Competition and Intellectual Property in Seeds and Other Agricultural Inputs.

Specifically, the framework:

• Identifies opportunities for better defining the scope of seed-related patents at the patent examination stage, so researchers understand their freedom to operate. A letter from USDA to USPTO (pdf) describes the need for more clarity on what is needed to adequately disclose plant-related inventions. Clarifying disclosure requirements for seed patents would help ensure the public has access to legally required patent descriptions and disclosures, so that researchers can better understand the scope and bounds of patent rights on plant-related inventions and conduct the research necessary to develop new innovations. 
• Clarifies legally permissible uses of protected germplasm in the context of patent law, specifically around grow out for observational purposes. The ability to observe and understand patented inventions is necessary for federal scientists to pursue critical research and to innovate without fear of infringement.
  • Guidance from USDA on observational research for USDA researchers (pdf)
• Encourages federally funded germplasm to be shared for research and plant breeding reflects existing best practices for public plant breeders and will help ensure that the pool of germplasm available for future innovation is available for private and public breeders alike to bring new and diverse choices to the market.
  • Transparency of intellectual property sharing for federally funded researchers (pdf) 
• USDA Framework for Promoting Research Access to Germplasm for Enhanced Seed System Diversity, Competition, and Resilience Fact Sheet (pdf).

In November 2023, AMS issued multiple letters to seed companies reiterating their obligation to comply with the Federal Seed Act’s (FSA) varietal labeling requirements for agricultural and vegetable seed shipped in interstate commerce and highlighting the importance of establishing best practices. This follows a Notice to Trade issued March 6, 2023, clarifying varietal labeling requirements of the FSA to enhance transparency for growers. USDA recognizes the variety of seed farmers are purchasing under different brand names is important to them and enables a more competitive, innovative seed landscape. 

• Follow Up Letter on Variety Labeling (pdf)
• March 6, 2023 - USDA AMS Clarifies Varietal Labeling Requirements of the Federal Seed Act to Enhance Transparency for Growers
• Federal Seed Act Fact Sheet (pdf)

Transparency 

Through the efforts of the USDA – U.S. Patent and Trademark Office (USPTO) Working Group, the Seed Liaison provides transparency about IP related to seeds and facilitates access to information about specific pending and granted patent applications.

• How and why the USDA is working with the USPTO
• Resources for plant breeders and seed growers

Farmers’ Voices 

The Farmer Seed Liaison initiative elevates the voices of farmers, small- and mid-sized seed companies, and independent plant breeders in policy and decision-making processes to improve competition and choice in the seed marketplace. This includes providing avenues for these stakeholders to challenge unfair contracts or overly restrictive IP licensing agreements. The initiative is also working with USDA’s Seed Regulatory and Testing Division to increase awareness about mandatory seed labeling requirements, so farmers can confidently purchase high-quality seed of desired varieties.

• Report a complaint

Access to Seeds for Research and Plant Breeding 

The Farmer Seed Liaison promotes strategies to increase innovative capacity for developing plant varieties that meet future food security and climate change needs. This includes identifying priorities for public plant breeding investments in underserved communities, regions, and markets. These efforts also advance IP strategies to allow for continued innovation, including working with USPTO to consider research and breeding exemptions for U.S. utility patents in the seed and agriculture space. 

• Notices, blogs, and reports

Contact

Questions? Email seedliaison@usda.gov