[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5119 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5119

              To make technical corrections in patent law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2002

   Mr. Issa introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
              To make technical corrections in patent law.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Plant Breeders Equity Act of 2002''.

SEC. 2. AMENDMENTS TO TITLE 35, UNITED STATES CODE.

    (a) Heading.--The heading of section 162 of title 35, United States 
Code, is amended to read as follows:
``Sec. 162. Description, claim, novelty''.
    (b) Novelty.--Section 162 of title 35, United States Code, is 
amended by adding at the end the following new paragraph:
    ``No plant patent application shall be denied, nor shall any issued 
plant patent be invalidated, on the grounds that the invention was 
described in a printed publication to which section 102(b) of this 
title applies, unless the invention was described in a printed 
publication in this or a foreign country more than ten years prior to 
the date of the application for patent in the United States.''.
    (c) Conforming Amendment.--The item relating to section 162 in the 
table of sections for chapter 15 of title 35, United States Code, is 
amended to read as follows:

``162. Description, claim, novelty.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to any 
application for a plant patent that is filed on and after that date, or 
is pending on that date, and to any patent in force on that date.
                                 <all>