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Say I go to a shop and buy a plant or a seed that is covered by a patent, perhaps because it contains a patented genetic widget. I don't enter into any particular agreement with anyone, other than to exchange money for the thing.

What am I allowed to do with it, and what am I prohibited from doing with it without a patent license?

I would like to e.g. plant the seed and grow it into a plant, eat whatever fruits the plant makes, and then plant the resulting seeds to grow more to eat next year. I suspect these are all allowed because that's just what plants do if left to themselves outdoors, but I'm not sure.

I am worried I might not be able to e.g. sell my homemade hot sauce made from the fruits of the plant, or give a fruit containing viable seeds of the plant to my cousin, or root cuttings of the plant to plant all around my yard, without some kind of license to use the patented technology to produce things, independent of just having bought the original seed or plant.

Is this breakdown right? Why or why not?

interfect
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1 Answers1

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The patent owner has the sole right to make, use or sell the invention

When you bought patented seeds, you agreed to whatever terms the patent owner offered the seeds for sale under.

For modern GMOs, you are typically allowed to plant the seeds, grow the plants, and sell the produce. However, you must destroy the next generation of seeds or pay for another license for them.

Dale M
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