There is a problem though. If you opt out of it and just use seeds without any IP and your neighbor uses IP seeds and some of the seeds are blowing into your field from your neighbour you risk trouble.
Source that it is legal to keep the profits and the plants from a patented crop that can’t be prove you have intentionally planted it there? As far as I understand Montosanto claims it would always belong to them no matter how the seed ended up there.
Feel free to cite the case they've brought where they claim that!
They have sued farmers for innocently acquiring their seeds (through the wind or whatever) and then spraying their crops with Roundup (ie: using the whole system).
There is absolutely no case law suggesting it is illegal to harvest and keep accidentally cross contaminated seed. Seeing as farming seeds is default legal there would need to be precedent otherwise for such an act to be illegal.
There is patent law. Patent law says you can't do the patented thing without the license. Growing the seeds is patented. So you can't grow them without license. This may be so obvious that it never needed to become a notable precedent-setting case.
Nice of you to axiomatically rederive patent law for us, but this is false. You cannot be sued simply for allowing seeds that blew onto your land grow.
