USDA and USPTO Promoting Fair Competition and Innovation in the Seed Marketplace

On March 6, 2023, the U.S. Department of Agriculture (USDA) released its report on “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs,” which was prepared in consultation with the U.S. Patent and Trademark Office (USPTO), Department of Justice (DOJ), and Federal Trade Commission (FTC). The report is a response to President Biden’s Executive Order issued on July 9, 2021, titled “Promoting Competition in the American Economy,” which promotes a whole-of-government approach to competition and includes initiatives across federal agencies. One of these initiatives directed the USDA, in consultation with the USPTO, to prepare a report on concerns and strategies for ensuring “that the intellectual property (IP) system, while incentivizing innovation, does not also unnecessarily reduce competition in seed and other input markets beyond that reasonably contemplated by the Patent Act.” The report was prepared after a 90-day comment period, a public listening forum, and input from multiple interested parties.

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