Even more reason to plant heirloom varieties in the first place. At least in the garden. When I went to buy several 50# bags of black eyed pea a while back I was offered the "Pinkeye" and informed that it was patented by Texas A&M. If I saved seed (from my crop) for the following years' crops I would be legally obligated to send A&M 10 cents a pound. I declined and bought the old variety. I realize this has been going on with wheat for some time, but the practice is expanding rapidly.
By the way, a lot of the plants you see in the big box stores are patented too.