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| Letting Lettuce Go to Seed |
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| Lettuce seed pods |
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| Lettuce seeds from seed pod |
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| Coin envelopes work great to store seeds |


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| The inside of a year-old butternut squash |
A vacant lot on Stoddart Avenue provides a place to grow flowers, fruits and vegetables of the gardener's own choice. (The garden is 4 blocks west of Alum Creek Drive/Bexley and 1/4 block north of E. Main St.). All gardeners are encouraged to donate a portion of their produce to a local food pantry. (See 7/7/11 Post: Plant a Row to Feed the Hungry By Donating Garden Produce to Food Pantries). To participate, contact the Garden Manager. Also see the FAQ at the bottom of this site.
![]() |
| Letting Lettuce Go to Seed |
![]() |
| Lettuce seed pods |
![]() |
| Lettuce seeds from seed pod |
![]() |
| Coin envelopes work great to store seeds |


![]() |
| The inside of a year-old butternut squash |
![]() |
| Letting Lettuce Go to Seed |
![]() |
| Lettuce seed pods |
![]() |
| Lettuce seeds from seed pod |
![]() |
| Coin envelopes work great to store seeds |


![]() |
| The inside of a year-old butternut squash |
Under the doctrine of patent exhaustion, the authorized sale of a patented article gives the purchaser, or any subsequent owner, a right to use or resell that article. Such a sale, however, does not allow the purchaser to make new copies of the patented invention. The question in this case is whether a farmer who buys patented seeds may reproduce them through planting and harvesting without the patent holder's permission. We hold that he may not.Following a trial, Monsanto was awarded $84,456. The verdict was affirmed on appeal.
The farmer also raised the issue of self-replicating seeds. The Court was skeptical of a blame-the-seed argument, particularly in this case where the defendant farmer "was not a passive observer of his soybeans' multiplication; or put another way, the seeds he purchased (miraculous though they might be in other respects) did not spontaneously create eight successive soybean crops. As we have explained, supra at 2-3, Bowman devised and executed a novel way to harvest crops from Roundup Ready seeds without paying the usual premium."Our holding today also follows from J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred Int'l, Inc., 534 U. S. 124 (2001). We considered there whether an inventor could get a patent on a seed or plant, or only a certificate issued under the Plant Variety Protection Act (PVPA), 7 U. S. C. §2321 et seq. We decided a patent was available, rejecting the claim that the PVPA implicitly repealed the Patent Act's coverage of seeds and plants. On our view, the two statutes established different, but not conflicting schemes: The requirements for getting a patent "are more stringent than those for obtaining a PVP certificate, and the protections afforded" by a patent are correspondingly greater. J. E. M., 534 U. S., at 142. Most notable here, we explained that only a patent holder (not a certificate holder) could prohibit "[a] farmer who legally purchases and plants" a protected seed from saving harvested seed "for replanting." Id., at 140; see id., at 143 (noting that the Patent Act, unlike the PVPA, contains "no exemptio[n]" for "saving seed"). That statement is inconsistent with applying exhaustion to protect conduct like Bowman's. If a sale cut off the right to control a patented seed's progeny, then (contrary to J. E. M.) the patentee could not prevent the buyer from saving harvested seed. Indeed, the patentee could not stop the buyer from selling such seed, which even a PVP certificate owner (who, recall, is supposed to have fewer rights) can usually accomplish. See 7 U. S. C. §§2541, 2543. Those limitations would turn upside-down the statutory scheme J. E. M. described.
Our holding today is limited--addressing the situation before us, rather than every one involving a self-replicating product. We recognize that such inventions are becoming ever more prevalent, complex, and diverse. In another case, the article's self-replication might occur outside the purchaser's control. Or it might be a necessary but incidental step in using the item for another purpose. Cf. 17 U. S. C. §117(a)(1) ("[I]t is not [a copyright] infringement for the owner of a copy of a computer program to make . . . another copy or adaptation of that computer program provide[d] that such a new copy or adaptation is created as an essential step in the utilization of the computer program"). We need not address here whether or how the doctrine of patent exhaustion would apply in such circumstances.It might be a different case – as we all know exists – if this was simply a situation where bees, wind or other pollinators spread pollen from a patented crop to fertilize a non-patented crop and then some of the progeny contained patented or even new characteristics. (Frankencrops is one reason that some people are vehemently against genetically modified vegetables). Similarly, birds, other small animals and the wind frequently carry seeds from one location (i.e., a farmer who uses patented seeds subject to a licensing agreement) and drops them on land of another grower (who did not purchase the seeds or sign the licensing agreement).
Under the doctrine of patent exhaustion, the authorized sale of a patented article gives the purchaser, or any subsequent owner, a right to use or resell that article. Such a sale, however, does not allow the purchaser to make new copies of the patented invention. The question in this case is whether a farmer who buys patented seeds may reproduce them through planting and harvesting without the patent holder's permission. We hold that he may not.Following a trial, Monsanto was awarded $84,456. The verdict was affirmed on appeal.
The farmer also raised the issue of self-replicating seeds. The Court was skeptical of a blame-the-seed argument, particularly in this case where the defendant farmer "was not a passive observer of his soybeans' multiplication; or put another way, the seeds he purchased (miraculous though they might be in other respects) did not spontaneously create eight successive soybean crops. As we have explained, supra at 2-3, Bowman devised and executed a novel way to harvest crops from Roundup Ready seeds without paying the usual premium."Our holding today also follows from J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred Int'l, Inc., 534 U. S. 124 (2001). We considered there whether an inventor could get a patent on a seed or plant, or only a certificate issued under the Plant Variety Protection Act (PVPA), 7 U. S. C. §2321 et seq. We decided a patent was available, rejecting the claim that the PVPA implicitly repealed the Patent Act's coverage of seeds and plants. On our view, the two statutes established different, but not conflicting schemes: The requirements for getting a patent "are more stringent than those for obtaining a PVP certificate, and the protections afforded" by a patent are correspondingly greater. J. E. M., 534 U. S., at 142. Most notable here, we explained that only a patent holder (not a certificate holder) could prohibit "[a] farmer who legally purchases and plants" a protected seed from saving harvested seed "for replanting." Id., at 140; see id., at 143 (noting that the Patent Act, unlike the PVPA, contains "no exemptio[n]" for "saving seed"). That statement is inconsistent with applying exhaustion to protect conduct like Bowman's. If a sale cut off the right to control a patented seed's progeny, then (contrary to J. E. M.) the patentee could not prevent the buyer from saving harvested seed. Indeed, the patentee could not stop the buyer from selling such seed, which even a PVP certificate owner (who, recall, is supposed to have fewer rights) can usually accomplish. See 7 U. S. C. §§2541, 2543. Those limitations would turn upside-down the statutory scheme J. E. M. described.
Our holding today is limited--addressing the situation before us, rather than every one involving a self-replicating product. We recognize that such inventions are becoming ever more prevalent, complex, and diverse. In another case, the article's self-replication might occur outside the purchaser's control. Or it might be a necessary but incidental step in using the item for another purpose. Cf. 17 U. S. C. §117(a)(1) ("[I]t is not [a copyright] infringement for the owner of a copy of a computer program to make . . . another copy or adaptation of that computer program provide[d] that such a new copy or adaptation is created as an essential step in the utilization of the computer program"). We need not address here whether or how the doctrine of patent exhaustion would apply in such circumstances.It might be a different case – as we all know exists – if this was simply a situation where bees, wind or other pollinators spread pollen from a patented crop to fertilize a non-patented crop and then some of the progeny contained patented or even new characteristics. (Frankencrops is one reason that some people are vehemently against genetically modified vegetables). Similarly, birds, other small animals and the wind frequently carry seeds from one location (i.e., a farmer who uses patented seeds subject to a licensing agreement) and drops them on land of another grower (who did not purchase the seeds or sign the licensing agreement).
On Sunday, Linda from the Knitwits group at Christ Lutheran Church, made my day by telling me that the Stoddart Avenue Community Garden would again be benefitting from a boatload of seeds from Botanical Interests. Remember last year? This permitted us to grow a wide variety of fruits, vegetables, herbs and flowers in 2010 and now we can look forward to a similar bounty in 2011. After we finish working on Saturday, the SACG gardeners and volunteers will get to select their own seeds for their own plots. Then, I'll bring the seeds back for our Earth Day work on April 16, our gardeners and volunteers will get a second chance to get seeds for their own plots.
After that, we'll be delighted to share the remaining seeds with any other community garden or Stoddart Avenue neighbors. Just send me an email and let me know when you want to select your seeds.
Here is a list of the seeds which filled one garbage bag and two grocery bags. Linda and her parents sorted all of the seeds, banded like kinds and organized them in bags alphabetically. It's like Christmas in April!
Herbs
Flowers
On Sunday, Linda from the Knitwits group at Christ Lutheran Church, made my day by telling me that the Stoddart Avenue Community Garden would again be benefitting from a boatload of seeds from Botanical Interests. Remember last year? This permitted us to grow a wide variety of fruits, vegetables, herbs and flowers in 2010 and now we can look forward to a similar bounty in 2011. After we finish working on Saturday, the SACG gardeners and volunteers will get to select their own seeds for their own plots. Then, I'll bring the seeds back for our Earth Day work on April 16, our gardeners and volunteers will get a second chance to get seeds for their own plots.
After that, we'll be delighted to share the remaining seeds with any other community garden or Stoddart Avenue neighbors. Just send me an email and let me know when you want to select your seeds.
Here is a list of the seeds which filled one garbage bag and two grocery bags. Linda and her parents sorted all of the seeds, banded like kinds and organized them in bags alphabetically. It's like Christmas in April!
Herbs
Flowers
On Saturday, I took a rare road trip and drove three hours each way to visit my friend Mary in Louisville and participate in the seed exchange of Fifteen Thousand Farmers in Louisville, Kentucky. Fifteen Thousand Farmers ("FTF") is an initiative to turn Louisville citizens into backyard farmers. They started small and last year had signed up 1250 new backyard farmers for events. They hold a gardening event on the 15th of each month. Mary briefs me almost every month. This month, it held a seminar by Ivor Chodkowski, a local farmer and entrepreneur, on "Planning your Spring Garden." After the seminar, they had a potluck (filled with garden produce), cooking demonstrations (with spaghetti squash) and a seed exchange. It was extremely well attended (even without cocktails as a draw) and there were at least 200 people there. Johnny's Seed Catalogs were handed out to everyone (until they ran out of catalogs). There were even door prizes, but neither Mary nor I won one.
After answering questions about gardening, Ivor spoke to the audience about grasshoppers distribution, a Community Supported Agriculture organization, and related issues. Sadly, there are virtually no places in Louisville to butcher meat for small farmers or individuals. This makes me sad because my family (i.e., my father and uncle) would buy a cow every year at the county fair and have it butchered to supply our annual meat needs. Although I now certainly could not eat a whole side of beef by myself each year, I could probably eat a quarter if other people wanted to go in with me. My friend Iced Tea Latte butchers a pig every year and a side of been (and graciously shares with me). It's a great way to buy local. However, all meat processors now seem to focus only on factory farms these days. . . . .
My favorite tip from Ivor was to buy seeds which advertise "prolific" fruits. Good sign.
Of course, I really came for the seed exchange. I've never attended one before. I thought that I should contribute something slightly exotic so that I would add value (being from out of town and all). The promotional materials recommended bringing seeds in a jar, so I filled a jam jar with black chick pea seeds. I suspected (correctly) that no one else would bring such seeds. Most people put seeds in plastic baggies (which is much more efficient). I thought that we would walk around with our jars of seeds, meet people, chat, and exchange seeds (for which I had brought small coin envelopes). However, instead, they set up long row of tables (organized by food groups) and people would leave their labeled bags of seeds. Some people just dropped off store-bought seed packets, but most people brought their own seeds. Then, you would just help yourself from each envelope that spanked your fancy. From the seed exchange, I got the following: OT Heimi Vietamese mecum peppers, loofah gourd seeds, sugar pie pumpkins (for Beth and Mike), San Martin Peppers, Thai Basil, Thomas Jefferson Marigold, Arkansas Cow Peas, California Poppies/Orange cosmos, and Okra. Mary gave me heirloom underground railroad tomatoes and jolokia peppers -- but holy jolokia! – I lost the peppers!!! You have no idea how much nashing of teeth and searching of luggage there was this afternoon when I could not find them. My father wanted CaJohn's Holy Jalokia sauce for Xmas and I was seriously looking forward to growing my own hot peppers and making my own sauce. Now, I will have to search them out and buy them.
Life goes on. The event was catered by Heine coffee and I met Gary Heine – who is one of the organizers of 15K Farmers. I'm not even a coffee drinker and I had coffee (with lots of milk and sugar). It also has a new home – the Dismas Charities St. Ann's site site, which is a re-entry program housed in a former Catholic church school. 15k Farmers is associated with Growing Power, which you've read about here before.
It was a nice way to spend a few hours on Saturday afternoon. Then I let Mary spoil me for the rest of my trip.
On Saturday, I took a rare road trip and drove three hours each way to visit my friend Mary in Louisville and participate in the seed exchange of Fifteen Thousand Farmers in Louisville, Kentucky. Fifteen Thousand Farmers ("FTF") is an initiative to turn Louisville citizens into backyard farmers. They started small and last year had signed up 1250 new backyard farmers for events. They hold a gardening event on the 15th of each month. Mary briefs me almost every month. This month, it held a seminar by Ivor Chodkowski, a local farmer and entrepreneur, on "Planning your Spring Garden." After the seminar, they had a potluck (filled with garden produce), cooking demonstrations (with spaghetti squash) and a seed exchange. It was extremely well attended (even without cocktails as a draw) and there were at least 200 people there. Johnny's Seed Catalogs were handed out to everyone (until they ran out of catalogs). There were even door prizes, but neither Mary nor I won one.
After answering questions about gardening, Ivor spoke to the audience about grasshoppers distribution, a Community Supported Agriculture organization, and related issues. Sadly, there are virtually no places in Louisville to butcher meat for small farmers or individuals. This makes me sad because my family (i.e., my father and uncle) would buy a cow every year at the county fair and have it butchered to supply our annual meat needs. Although I now certainly could not eat a whole side of beef by myself each year, I could probably eat a quarter if other people wanted to go in with me. My friend Iced Tea Latte butchers a pig every year and a side of been (and graciously shares with me). It's a great way to buy local. However, all meat processors now seem to focus only on factory farms these days. . . . .
My favorite tip from Ivor was to buy seeds which advertise "prolific" fruits. Good sign.
Of course, I really came for the seed exchange. I've never attended one before. I thought that I should contribute something slightly exotic so that I would add value (being from out of town and all). The promotional materials recommended bringing seeds in a jar, so I filled a jam jar with black chick pea seeds. I suspected (correctly) that no one else would bring such seeds. Most people put seeds in plastic baggies (which is much more efficient). I thought that we would walk around with our jars of seeds, meet people, chat, and exchange seeds (for which I had brought small coin envelopes). However, instead, they set up long row of tables (organized by food groups) and people would leave their labeled bags of seeds. Some people just dropped off store-bought seed packets, but most people brought their own seeds. Then, you would just help yourself from each envelope that spanked your fancy. From the seed exchange, I got the following: OT Heimi Vietamese mecum peppers, loofah gourd seeds, sugar pie pumpkins (for Beth and Mike), San Martin Peppers, Thai Basil, Thomas Jefferson Marigold, Arkansas Cow Peas, California Poppies/Orange cosmos, and Okra. Mary gave me heirloom underground railroad tomatoes and jolokia peppers -- but holy jolokia! – I lost the peppers!!! You have no idea how much nashing of teeth and searching of luggage there was this afternoon when I could not find them. My father wanted CaJohn's Holy Jalokia sauce for Xmas and I was seriously looking forward to growing my own hot peppers and making my own sauce. Now, I will have to search them out and buy them.
Life goes on. The event was catered by Heine coffee and I met Gary Heine – who is one of the organizers of 15K Farmers. I'm not even a coffee drinker and I had coffee (with lots of milk and sugar). It also has a new home – the Dismas Charities St. Ann's site site, which is a re-entry program housed in a former Catholic church school. 15k Farmers is associated with Growing Power, which you've read about here before.
It was a nice way to spend a few hours on Saturday afternoon. Then I let Mary spoil me for the rest of my trip.
Can I use seeds leftover from last year?
The life span of seeds varies by variety and storage conditions. Some seeds like beets, swiss chard,gourds, squash, and tomatoes can keep for several years. Others, like onions, chives, shiso, edamame, and fennel may lose viability in less than a year. For best results in your garden, we recommend buying fresh seed every year. We pretest all of our seeds at an independent laboratory and only accept seeds from our suppliers that exceed federal standards for germination, so you can be sure that you are purchasing high quality seeds from us each season. If you do have leftover seed after planting or are unable to plant seeds that you purchased during that season, the best method for storing is to put them in an airtight container (such as a sealed Ziploc bag) in your refrigerator or a cool basement. Cool, dry air prolongs the life of seeds and hot, humid air can kill them quickly.
Can I use seeds leftover from last year?
The life span of seeds varies by variety and storage conditions. Some seeds like beets, swiss chard,gourds, squash, and tomatoes can keep for several years. Others, like onions, chives, shiso, edamame, and fennel may lose viability in less than a year. For best results in your garden, we recommend buying fresh seed every year. We pretest all of our seeds at an independent laboratory and only accept seeds from our suppliers that exceed federal standards for germination, so you can be sure that you are purchasing high quality seeds from us each season. If you do have leftover seed after planting or are unable to plant seeds that you purchased during that season, the best method for storing is to put them in an airtight container (such as a sealed Ziploc bag) in your refrigerator or a cool basement. Cool, dry air prolongs the life of seeds and hot, humid air can kill them quickly.