Independent seed companies have always survived by being resourceful, creative and close to the needs of their customers.
Today, those strengths are being squeezed by a system that limits freedom to operate. When innovation funnels into only a few hands, independents — and the farmers who rely on us — lose the ability to choose. That’s the reality we’re facing now. It’s a very difficult time to be an independent.
The root of the problem comes down to lack of competition. In an ideal world, independents would have true freedom to operate: we could license from a range of sources and build new innovative products for our customers. Instead, we face restrictions in licensing agreements that limit innovation and our ability both to keep prices down and provide options for customers.
What does an IP system that offers reasonable freedom and room for innovation look like? I wish I had that figured out. I’m as strong an IP supporter as anybody: if you invest in technology, you should be able to get the fruits of your labor. But, right now, there is no feasible path for new innovation, new innovators, new companies coming to the market due to the current market structure.
In theory, IP patents offer 20 years of protection and then traits should enter the open market. But because germplasm is protected under PVP, companies still can’t access off-patent traits. Independents are simply looking for options for their customers, especially when times are so difficult and many farmers are asking for lower-cost choices. Yet we’ve seen patents extended and post-patent products have not entered the market the way many expected.
I am not someone who usually calls for government involvement. I often feel government makes things worse. But right now, I do believe the government needs to look at what’s happening, because the current system is not working for independents or for farmers. More traits will come off patent in the next few years, but there is still no path to access them. That needs to change. Sure, a lot of our customers can raise 300-bushel corn, but many cannot and they need options that let them make cash flow for their family business.
In late October, I testified at the anti-competition hearings before the Senate Judiciary Committee. It happened faster than I expected: one moment I was talking with Senator Grassley’s staff and the next I was standing there with my hand up, swearing to tell the truth. The experience was nerve-wracking but incredibly positive: truly good conversation and bipartisan support from both Democrats and Republicans. Afterward, my phone lit up with support: about 80 text messages from independent seed companies, from across the industry and from friends saying they had watched and thanked me for testifying. That response showed me how widely these challenges are felt and how much we need to make our voices heard.
My message to other independents is simple: make your voice heard. Whether at the local, state, or national level, speak up. Step out of your comfort zone and tell policymakers what is happening in your company and for your customers. There is a platform right now and leaders are paying attention.
I believe there can be brighter days ahead, but we will need some help to get there. Independents are used to solving things on our own, but this is a moment when we need to come together and advocate for a system that allows true freedom to operate. We have a real place in this industry. We help our customers. We support rural communities. We feed the world. Now is the time to stand up and ensure there will still be room for all of us.
