“The Plant Variety Protection Act of 1970, 7 U.S.C. § 2321 et seq., protects owners of novel seed varieties against unauthorized sales of their seed for replanting purposes. An exemption, however, allows farmers to make some sales of protected variety seed to other farmers. This case raises the question whether there is a limit to the quantity of protected seed that a farmer can sell under this exemption.”
“We hold that a farmer who meets the requirements set forth in the proviso to [7 U.S.C.] § 2543 may sell for reproductive purposes only such seed as he has saved for the purpose of replanting his own acreage.”
