Intellectual Property

Intellectual Property

Thank you for your interest in our WestBred® Wheat product portfolio. We appreciate your business and the opportunity to provide outstanding wheat varieties to US wheat farmers.

Germplasm Intellectual Property Protection (IPP)

Wheat variety IPP can vary significantly within and between genetic providers. Wheat growers are responsible to know the rights and responsibilities for the wheat varieties they grow which may be available in documentation accompanying the purchased seed or other forms. In the United States (US), the genetics of many wheat varieties may be protected in multiple methods.

U.S. Plant Variety Protection (PVP)

The protected variety may be used for certain plant breeding activities, however, unauthorized reproduction of the protected variety is strictly prohibited. Infringing activities include, but are not limited to, selling, marketing, offering for sale, importing, exporting, producing, and reproducing the protected variety. Those who misuse a PVP-protected variety may be liable for damages to the PVP holder as well as additional state or federal statutory damages.

U.S. Patents

A U.S. patent holder can prevent others from making, using, offering for sale, and selling, or importing the claimed invention in the US. Examples of claimed inventions in wheat germplasm characteristics or improvements may include specific varieties, resistance to disease, resistance to plant pests, breeding techniques, improved nutritional aspects, and flavor enhancement. Those who misuse a Patent protected wheat variety may be liable for damages to the patent holder

Limited-Use License Agreements

Wheat varieties designated as single-use, limited-use or also referenced as newly planted seed are subject to the terms and conditions set forth in the Agreement under which they were/are purchased including, but not limited to a) using seed solely for planting and producing a single crop and not to save any grain produced from seed for planting by grower or any other person or entity; b) not supplying, transferring, licensing or sublicensing seed to any other person or entity for planting or any other purpose; c) ensuring that seed, grain produced from seed or any plant material from seed is not used for crop breeding, research, generation of registration data or seed production (unless grower has entered into a valid, written production agreement with a Bayer authorized wheat seed supplier); d) providing, upon request by Bayer, evidence of final disposition of the crop that is produced; and e) agreeing that Bayer shall be entitled to recover any costs or expenses, including reasonable attorney fees, it incurs in enforcing its rights under said Agreement.

Clearfield® Production System for Wheat.

Appropriate stewardship of the patent-protected Clearfield^® Production System for wheat, which includes the use of registered herbicides, is vital to sustain the utility of this technology. All Clearfield^® wheat growers are required to sign the BASF Clearfield Wheat Stewardship Agreement which provides the terms and conditions for the authorized use of the product. BASF uses the AgCelerate Stewardship platform for grower licensing found at www.AgCelerate.com. Clearfield^® wheat growers should be aware of the following:

• Growers are required to sign a BASF Clearfield^® Wheat Stewardship Agreement that specifies the use of registered herbicides on Clearfield^® and Clearfield^® Plus Wheat, including Imazamox-containing herbicides along with purchasing certified Clearfield^® and Clearfield^® Plus varieties.
• Growers must purchase new seed every year from an authorized Clearfield^® seed retailer. Saving seed to plant next year’s crop is not allowed.
• Currently, Beyond^® herbicide is the only federally and state approved imazamox-containing herbicide registered for use on Clearfield^® and Clearfield® Plus wheat. Applications of any herbicide that is not registered for use on that crop is not permitted under the EPA rules and mandates.