537. Use of plant propagating material, biological material or animal reproductive material.

An act which would otherwise infringe a patent1 does not do so if it consists of:

  1.  

    (1)     the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding2, where there has been a sale3 of plant propagating material to the farmer by the proprietor of the patent or with his consent for agricultural use