Fair Seeds for Farmers Act
The source supplies the latest action, but no lifecycle stage.
Latest action (23 Jul 2026): Read twice and referred to the Committee on the Judiciary.
What this bill does
The Fair Seeds for Farmers Act would amend the Leahy-Smith America Invents Act to restrict the types of intellectual property protection available for plants, plant varieties, and plant germplasm (seeds, pollen, tubers, or rootstock used for breeding, conservation, or research). Under the bill, plants could only receive protection under two existing laws—the Plant Variety Protection Act and the Plant Patent Act of 1930—rather than through utility patents or other federal intellectual property mechanisms. The bill also states that contractual agreements permitted under those two laws could not be enforced if they restrict research, breeding, experimentation, seed saving, or propagation.
These changes would primarily affect seed and agricultural biotechnology companies that currently rely on utility patents to protect plant-related inventions, as well as farmers, breeders, and researchers who use seeds and plant material. The bill would apply to patent applications pending or filed after enactment and to contracts entered into after that date; it would not affect the validity of patents already issued under prior law.
The bill was introduced by Senator Elizabeth Warren, with Senators Booker and Welch as cosponsors, and referred to the Senate Judiciary Committee on July 23, 2026. As an introduced bill, it would need committee consideration and votes in both the Senate and House before it could become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Timeline
23 Jul 2026
Read twice and referred to the Committee on the Judiciary.
Common questions
- What does S. 5104 do?
- The Fair Seeds for Farmers Act would amend the Leahy-Smith America Invents Act to restrict the types of intellectual property protection available for plants, plant varieties, and plant germplasm (seeds, pollen, tubers, or rootstock used for breeding, conservation, or research). Under the bill, plants could only receive protection under two existing laws—the Plant Variety Protection Act and the Plant Patent Act of 1930—rather than through utility patents or other federal intellectual property mechanisms. The bill also states that contractual agreements permitted under those two laws could not be enforced if they restrict research, breeding, experimentation, seed saving, or propagation. These changes would primarily affect seed and agricultural biotechnology companies that currently rely on utility patents to protect plant-related inventions, as well as farmers, breeders, and researchers who use seeds and plant material. The bill would apply to patent applications pending or filed after enactment and to contracts entered into after that date; it would not affect the validity of patents already issued under prior law. The bill was introduced by Senator Elizabeth Warren, with Senators Booker and Welch as cosponsors, and referred to the Senate Judiciary Committee on July 23, 2026. As an introduced bill, it would need committee consideration and votes in both the Senate and House before it could become law.
- Has S. 5104 become law?
- The source does not supply a confirmed lifecycle stage for S. 5104. Check the latest action and official source below.
- Who sponsored S. 5104?
- S. 5104 was sponsored by Sen. Warren, Elizabeth [D-MA] (D-MA), with 2 cosponsors.
- What's the latest action on S. 5104?
- Read twice and referred to the Committee on the Judiciary. (23 Jul 2026).
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