On the other hand fertile GMOs will sooner or later mix into the surrounding nature, compete with local plants and undergo "normal" evolution. This might be undesirable.

Another consideration is that optimizing one or two features like yield or resistance in plants often affects other areas negatively like adaptability or fertiliy. Making fertile GMOs with the same yield is probably harder than making infertile ones.

But at the very least it should not be possible to patent or copyright DNA or any other parts of living organisms, what an utterly horrible idea.