If the fear of breaking the law is holding you back from saving your flower seeds, know that you’re not alone.
Corporate Seed Companies Want You to Be Afraid
Corporations want to keep farmers dependent on them as the seed suppliers. Hybrid varieties and seed use restrictions (patents, trademarks and breeders’ rights laws) are how they do it.
Hybrids were developed to ensure customers return annually to purchase hybrid varieties that are only available from the breeding company. As a business plan, its brilliant.
Farmers can’t save the seeds from hybrids because the seeds don’t come back true-to-type the following year. The farmer can’t produce the hybrid themselves, because the breeding company keeps the parent lines a secret.
Hybrids are often patented, providing another restriction on the seeds.
What is Plant Variety Protection (on Flower Seeds)?
Plant Variety Protection (“PVP”), in the United States, gives exclusive control of the distribution of a seed variety to the breeder for 20 years. Without the breeder's consent, seed saving, breeding, seed gifting, and selling are prohibited.
A farmers’ clause exists that allows farmers to save seeds for on-farm use. The catch is that farmers aren’t allowed to sell products that grew from those saved seeds. In other words, you can save the seeds, but you can’t breed with them nor grow them out to sell the cut flowers.
What is a Utility Patent (on Flower Seeds)?
Utility Patents, registered in the United States, are the strictest in the seed industry. They prohibit anyone, including farmers, from saving seeds, from growing out the plants from saved seeds, from gifting saved seeds, from selling saved seeds and from using the plants to breed new varieties. They’re enforced for 20 years.
Saving the seeds of a patented variety is a form of political resistance. Varieties that are under a Utility Patent will be marked as such, or with a “UP” symbol.
What is Plant Breeders’ Rights (for Flower Seeds)?
Plant Breeders’ Rights (“PBR”) is the Canadian version of the US “Plant Variety Protection’. These are in place for 20 years, protecting the breeder as the sole supplier of the variety. Other growers are prohibited from saving the seeds, from gifting and selling them. Farmers who wish to distribute seeds must obtain a license from the breeder first. If you grow and sell dahlia tubers, this will sound familiar.
Like with the PVPs, a “farmers’ clause” exists, but it’s not beneficial because you’re not allowed to breed with or sell the flowers you grow from the saved seeds. That defeats the purpose of seed saving.
What is a Trademark (on Flower Seeds)?
Trademarked varieties, marked with “TM” or “R” in a circle next to the variety name, come with different restrictions. The restriction is on the branded variety name, not the seed itself. You can save and sell those seeds (if they’re not also patented or under rights). But you can’t market them using the trademarked name. The only way to sell them using that branded name that your customers might love and recognize is to get consent from the trademark owner.
Where to Find Flower Seed Use Restrictions?
Here are the government databases that list restrictions on seed use. However, it’s your seed supplier’s responsibility to pass on this information to you. I suggest calling them rather than scrolling through databases. Restrictions should be clearly stated on each seed packet.
If you do search databases, look up the variety name, not the supplier. Some varieties are registered to the individual breeder, not the seed company.
Canadian Plant Breeders Rights for seed varieties are listed with the “Canadian Food Inspection Agency”. Canadian Trademarks are listed in the “Canadian Trademarks Database”.
US Plant Variety Protections are listed with the “United States Department of Agriculture”. US Utility Patents and Trademarks are listed with the “United States Patent and Trademarks Office”.
What if the Patent is no Longer Active?
If you’re working with a variety that was patented, but that is no longer active, the restrictions are lifted and you’re free to save and sell the seeds.
The Open-Source Seed Initiative
The Open-Source Seed Initiative (“OSSI”) protects seeds from corporate restrictions. These varieties are in the public domain, and you can save, breed with, and sell them without restrictions. You must also agree not to place any restrictions on the seed's use. If you list these varieties for sale, be sure to mark them as “OSSI” so that the next seed growers are aware.
Save Open-Pollinated Flower Seeds
Typically, it’s hybrid flower seeds that are heavily restricted. Shopping for open-pollinated cut flower seeds will make your seed-saving life less stressful. If you’re still unsure about the restrictions, additional resources are available in my Seed Saving Book, coming in 2026. Remember, seeds belong in the hands of the farmers. Don’t be afraid to save seeds. There are still numerous varieties available that are not under patent. But I need your help to keep it that way. Save your seeds.
See you in the field.
Erika.
