The California legislature has passed a bill that offers protections to farmers who are mistakenly targeted by Monsanto for patent infringement. AB 541 establishes mandatory crop sampling protocol to prevent biotech companies from sampling crops without the explicit permission of farmers, and it also protects farmers from liability resulting from unwittingly acquiring patented traits. Several organizations that historically have been on opposite sides of the biotech issue support the bill and are urging the Governor to sign it, including the Community Alliance with Family Farmers, California Farmers Union, California Farm Bureau, and California Certified Organic Farmers. 

Other states have similar legislation in place, including North Dakota and Indiana.

North Dakota's law prevents plant patent holders from entering and taking crops from farmers' fields without meeting a number of conditions. It also allows for a farmer and third party to be present when samples are taken.

Indiana's law provides farmers similar protections regarding crop samples, as farmers are allowed to collect their own samples and conduct independent tests to use as evidence in these cases. Currently, some of the cases Monsanto files against farmers for seed saving are based on samples that farmers didn't know were taken. So, if they claim innocence, they have no opportunity to defend themselves with independent samples. 

Bills that protect farmers from harassment or illegal methods of investigation are important steps toward leveling the playing field with patent infringement cases -- but we have a long way to go.