[Congressional Record Volume 144, Number 148 (Friday, October 16, 1998)]
[House]
[Pages H11028-H11029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PLANT PATENT AMENDMENTS ACTS OF 1997

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and concur in the 
Senate amendment to the bill (H.R. 1197) to amend title 35, United 
States Code, to protect patent owners against the unauthorized sale of 
plant parts taken from plants illegally reproduced, and for other 
purposes.
  The Clerk read as follows:

       Senate amendment:
       Page 4, after line 14 insert:

     SEC. 4. ACCESS TO ELECTRONIC PATENT INFORMATION.

       (a) In General.--The United States Patent and Trademark 
     Office shall develop and implement statewide computer 
     networks with remote library sites in requesting rural States 
     such that citizens in those States will have enhanced access 
     to information in their State's patent and trademark 
     depository library.
       (b) Definition.--In this section, the term ``rural States'' 
     means the States that qualified on January 1, 1997, as rural 
     States under section 1501(b) of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 379bb(b)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Coble) and the gentleman from Michigan (Mr. 
Conyers) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Coble).


                             General Leave

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks on the bill 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is a noncontroversial measure that will serve as a 
needed compliment to current plant patent law which we passed under 
suspension of the rules on October 9 of this year. The other body has 
also amended the bill by adding a provision that will enable small 
inventors living in rural areas greater access to patent information.
  The first provision of H.R. 1197 amends current law governing plant 
patent parts. Since 1930 the Patent Act has permitted inventors to 
obtain plant patents. Individuals wishing to skirt protections 
available under the law have discovered a loophole, however, by trading 
in plant parts taken from illegally produced plants. H.R. 1197 closes 
this loophole by explicitly protecting plant parts to the same extent 
as plants under the Patent Act.
  Mr. Speaker, this bill is identical to language that was contained in 
the omnibus patent legislation which passed earlier in the term. There 
is no opposition to the bill as it will benefit American patentholders 
and the plant producers as well who honor their work by paying the 
necessary royalties.
  The second provision of the bill simply authorizes the Patent and 
Trademark Office to develop and implement statewide computer networks 
with remote library sites, thereby enabling small inventors to have 
greater access to information in patent and trademark depository 
libraries.
  I repeat, Mr. Speaker, I think the amendment that was done in the 
other body makes a good bill even better, and I think it will benefit 
our nation's inventors, Mr. Speaker, and I urge its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I use this excuse to support the bill to commend my 
subcommittee chairman, the gentleman from North Carolina (Mr. Coble) 
for a year's worth of very good cooperation, a Congress worth of very 
good cooperation. He is unique, and we have been able to work through 
many problems that have actually confounded the Committee on the 
Judiciary for more than a year or two, and this has been a successful 
relationship between those Members, the subcommittee members and the 
Members on my side.
  So, Mr. Speaker, I am happy to support the plant patent bill, commend 
our colleague, ranking colleague from Vermont on the other side, 
Senator Pat Leahy, and I urge that we support the provisions here that 
correct a loophole that has arisen as some people have sought to trade 
in plants; that is in the environmental sense plant parts taken from 
illegally produced plants, and we specifically are protecting these 
additional plants as well, and I commend the members of the Committee 
on the Judiciary for working so well together on this measure.
  I rise in strong support of this little noticed, but important change 
to our patent laws.
  This legislation protects plant parts to the same extent as plants 
themselves are protected under the Patent Act. The holders of plant 
patents, the same as an other American who develops a patent and 
follows the rules, are entitled to protection.
  As Mr. Coble has noted, a loophole in the plant patent area has 
arisen in recent years as some individuals have sought to trade in 
plant parts taken from illegally produced plants. This legislation 
closes this loophole by specifically protecting the plant parts. This 
language is identical to language from the omnibus patent bill which 
passed the House earlier this session.
  The legislation before us also includes a provision which authorizes 
the Patent and Trademark Office to develop and implement statewide 
computer networks with remote library sites. This will allow small 
inventors in rural areas to have greater access to patent and trademark 
information.
  While I have some time remaining, I would like to congratulate my 
good friend the gentleman from North Carolina, Mr. Coble, for the 
excellent work he has done as chairman of the Judiciary Subcommittee on 
Courts and Intellectual Property. In recent weeks he has succeeded in 
passing a number of landmark intellectual property bills, including 
copyright extension and implementation of the World Intellectual 
Property Organization Treaties. Thanks to Mr. Coble's stewardship, our 
creators and inventors can rest assured that they will receive fair 
compensation for their work. Because of the rush of business at the end 
of the calendar, other important measures relating to data base 
protection and patent reform were not completed, but we will continue 
to push these measures on a bipartisan basis next Congress.
  I would also like to thank Chairman Coble for his hard work on 
important franchise legislation that he and I introduced 2 days ago. I 
look forward to working with him on this matter of vital importance to 
so many small businesses early on in the next Congress.
  Mr. CONYERS. Mr. Speaker, I have no further speakers, so I yield back 
the balance of my time.

[[Page H11029]]

  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I also have no speakers, but I wanted to express my 
thanks to the gentleman from Michigan for his generous comments, and at 
the risk of sounding immodest, I agree. I think our subcommittee has 
accomplished a lot of good this year with the help of both sides of the 
aisle, including my friend from Michigan, and I thank him for his 
comments. And I would be remiss if I did not also mention Senator 
Patrick Leahy who has already been mentioned and the gentleman from 
Oregon (Mr. Smith) who chairs the House Agriculture Committee and has 
been very actively involved in this process as well.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Coble) that the House suspend the 
rules and concur in the Senate amendment to the bill, H.R. 1197.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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