[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5253 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5253

              To make technical corrections in patent law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

  Mr. Issa (for himself and Mr. Tom Davis of Virginia) 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 2004''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Since 1930, the Plant Patent Act has benefited the 
        public by encouraging innovation and development of new 
        varieties of asexually reproduced plants, including trees, 
        shrubs, flowers, and fruit-producing plants.
            (2) The United States is a signatory to the International 
        Union for the Protection of New Varieties of Plants (UPOV) 
        Convention; however, the plant patent system has not been 
        modernized to incorporate important provisions of UPOV, placing 
        breeders of asexually reproduced plants in a position of 
        inequity with breeders of other types of plants in the United 
        States and with foreign breeders.
            (3) Closer harmonization of the plant patent system with 
        UPOV will restore equity and ensure continued innovation and 
        development of horticultural plant varieties.

SEC. 3. AMENDMENTS TO TITLE 35, UNITED STATES CODE.

    (a) Novelty.--Section 162 of title 35, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 162. Description, claim, novelty'';
            (2) in the first undesignated paragraph, by striking ``No 
        plant'' and inserting the following: ``(a) Description.--No 
        plant'';
            (3) in the second undesignated paragraph, by striking ``The 
        claim'' and inserting the following: ``(b) Claim.--The claim''; 
        and
            (4) by adding at the end the following:
    ``(c) Novelty.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        plant patent application shall be denied, nor shall any issued 
        plant patent be invalidated, on the grounds that the invention 
        was sold or otherwise disposed of.
            ``(2) Exceptions.--Paragraph (1) shall not apply if--
                    ``(A) more than 1 year prior to the date of the 
                application for patent in the United States, the 
                invention was sold or otherwise disposed of to other 
                persons in the United States, by or with the consent of 
                the inventor or discoverer, or the successor in 
                interest of the inventor or discoverer, for purposes of 
                exploitation of the invention;
                    ``(B) except as provided in subparagraph (C), more 
                than 4 years prior to the date of the application for 
                patent in the United States, the invention was sold or 
                otherwise disposed of to other persons in a foreign 
                country, by or with the consent of the inventor or 
                discoverer, or the successor in interest of the 
                inventor or discoverer, for purposes of exploitation of 
                the invention; or
                    ``(C) more than 6 years prior to the date of the 
                application for patent in the United States, in the 
                case of a tree or vine, the invention was sold or 
                otherwise disposed of to other persons in a foreign 
                country, by or with the consent of the inventor or 
                discoverer, or the successor in interest of the 
                inventor or discoverer, for the purposes of 
                exploitation of the invention.''.
    (b) Plant Patent Grant.--Section 163 of title 35, United States 
Code, is amended--
            (1) by striking ``In the case'' and inserting the 
        following: ``(a) In General.--In the case''; and
            (2) by adding at the end the following:
    ``(b) Application.--Subsection (a) applies equally to any plant 
that is not clearly distinguishable from a protected plant.''.
    (c) Conforming Amendment.--The chapter analysis for chapter 15 of 
title 35, United States Code is amended by striking the item relating 
to section 162 and inserting the following:

``162. Description, claim, novelty.''.
    (d) Application.--The amendments made by this section apply to--
            (1) all applications for plant patents filed on or after 
        the date of enactment of this Act, or pending on that date; and
            (2) in the case of the amendments made by subsection (a), 
        all plant patents in force on the date of enactment of this 
        Act.
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