HR 9681 — Fair Seeds for Farmers Act

Bill Text

• Introduced Introduced in House Current html July 14, 2026

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds new limitations on intellectual property protection for plants under the Leahy-Smith America Invents Act.

• 35 U.S.C. 1 note

  SEC. 33A. LIMITATION ON INTELLECTUAL PROPERTY PROTECTION FOR PLANTS. (a) In General.--Notwithstanding any other provision of law-- (1) no protection may be provided under any Federal law with respect to a plant, plant variety, or plant germplasm, except pursuant to a law described in subsection (b); and (2) no contractual obligation or agreement that may be allowable under the laws described in subsection (b) that limits the use of a plant, plant variety, plant germplasm, or other biological material for research, breeding, experimentation, seed saving, or propagation may be enforced. (b) Laws Described.--The laws described in this subsection are the following: (1) The Plant Variety Protection Act (7 U.S.C. 2321 et seq.). (2) Chapter 15 of title 35, United States Code (commonly known as the `Plant Patent Act of 1930'). (c) Definitions.--In this section: (1) Germplasm.--The term `germplasm' means plant material capable of propagation, including seeds, pollen, tubers, or rootstock for use in breeding, conservation, or research. (2) Plant variety.--The term `plant variety' means a plant grouping within a single botanical taxon of the lowest known rank that can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other plant grouping by the expression of at least one characteristic and considered as a unit with regard to the suitability of the plant grouping for being propagated unchanged. A plant variety may be represented by seed, transplants, plants, tubers, tissue culture plantlets, and other matter. (d) Effective Date.-- (1) In general.--Subsection (a) shall apply to-- (A) any application for a patent that is pending on, or filed on or after, the date of enactment of this section; and (B) any contractual obligation or agreement entered into on or after the date of enactment of this section. (2) Prior applications.--Subsection (a) shall not affect the validity of any patent issued on an application to which paragraph (1) does not apply.

  This establishes new restrictions on providing intellectual property protection for plants and limits enforceability of related contractual obligations.

• 35 U.S.C. 1 note

  in section 33, by adding at the end of the section heading the following: ``for human organisms''; → in section 33, by adding at the end of the section heading the following: ``for human organisms'';

  This clarifies that section 33 of the Leahy-Smith America Invents Act applies specifically to human organisms.

Action History

1. July 14, 2026

   Introduced in House

2. July 14, 2026

   Introduced in House

3. July 14, 2026

   Referred to the House Committee on the Judiciary.

Sponsors

• James P. McGovern · Primary
• Greg Casar · Cosponsor
• Yassamin Ansari · Cosponsor
• Maxwell Frost · Cosponsor
• Mark Pocan · Cosponsor
• Emily Randall · Cosponsor

Subjects