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35 USC CHAPTER 15 - PLANT PATENTS 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 15 - PLANT PATENTS

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CHAPTER 15 - PLANT PATENTS

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Sec.

161. Patents for plants.

162. Description, claim.

163. Grant.

164. Assistance of Department of Agriculture.

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35 USC Sec. 161 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 15 - PLANT PATENTS

-HEAD-

Sec. 161. Patents for plants

-STATUTE-

Whoever invents or discovers and asexually reproduces any

distinct and new variety of plant, including cultivated sports,

mutants, hybrids, and newly found seedlings, other than a tuber

propagated plant or a plant found in an uncultivated state, may

obtain a patent therefor, subject to the conditions and

requirements of this title.

The provisions of this title relating to patents for inventions

shall apply to patents for plants, except as otherwise provided.

-SOURCE-

(June 19, 1952, ch. 950, 66 Stat. 804; Sept. 3, 1954, ch. 1259, 68

Stat. 1190.)

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HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 31, part (R.S. 4886,

amended (1) Mar. 3, 1897, ch. 391, Sec. 1, 29 Stat. 692, (2) May

23, 1930, ch. 312, Sec. 1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450,

Sec. 1, 53 Stat. 1212).

The provision relating to plants in the corresponding section of

existing statute is made a separate section.

AMENDMENTS

1954 - Act Sept. 3, 1954, provided that plant seedlings,

discovered, propagated asexually, and proved to have new

characteristics distinct from other known plants are patentable.

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35 USC Sec. 162 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 15 - PLANT PATENTS

-HEAD-

Sec. 162. Description, claim

-STATUTE-

No plant patent shall be declared invalid for noncompliance with

section 112 of this title if the description is as complete as is

reasonably possible.

The claim in the specification shall be in formal terms to the

plant shown and described.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 804.)

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HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 33, part (R.S. 4888,

amended (1) Mar. 3, 1915, ch. 94, Sec. 1, 38 Stat. 958, (2) May 23,

1930, ch. 312, Sec. 2, 46 Stat. 376).

The first paragraph is the provision in R.S. 4888 (see section

112). The second paragraph is not in the statute but represents the

actual practice.

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35 USC Sec. 163 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 15 - PLANT PATENTS

-HEAD-

Sec. 163. Grant

-STATUTE-

In the case of a plant patent, the grant shall include the right

to exclude others from asexually reproducing the plant, and from

using, offering for sale, or selling the plant so reproduced, or

any of its parts, throughout the United States, or from importing

the plant so reproduced, or any parts thereof, into the United

States.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 105-289, Sec. 3(a),

Oct. 27, 1998, 112 Stat. 2781.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 40, part (R.S. 4884,

amended May 23, 1930, ch. 312, Sec. 1, 46 Stat. 376).

This provision is from R.S. 4884 (see section 154) amended in

language.

AMENDMENTS

1998 - Pub. L. 105-289 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "In the case of a plant patent the grant shall be of the

right to exclude others from asexually reproducing the plant or

selling or using the plant so reproduced."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-289, Sec. 3(b), Oct. 27, 1998, 112 Stat. 2781,

provided that: "The amendment made by subsection (a) [amending this

section] shall apply to any plant patent issued on or after the

date of the enactment of this Act [Oct. 27, 1998]."

FINDINGS AND PURPOSES

Pub. L. 105-289, Sec. 2, Oct. 27, 1998, 112 Stat. 2780, provided

that:

"(a) Findings. - The Congress makes the following findings:

"(1) The protection provided by plant patents under title 35,

United States Code, dating back to 1930, has historically

benefited American agriculture and horticulture and the public by

providing an incentive for breeders to develop new plant

varieties.

"(2) Domestic and foreign agricultural trade is rapidly

expanding and is very different from the trade of the past. An

unforeseen ambiguity in the provisions of title 35, United States

Code, is undermining the orderly collection of royalties due

breeders holding United States plant patents.

"(3) Plant parts produced from plants protected by United

States plant patents are being taken from illegally reproduced

plants and traded in United States markets to the detriment of

plant patent holders.

"(4) Resulting lost royalty income inhibits investment in

domestic research and breeding activities associated with a wide

variety of crops - an area where the United States has

historically enjoyed a strong international position. Such

research is the foundation of a strong horticultural industry.

"(5) Infringers producing such plant parts from unauthorized

plants enjoy an unfair competitive advantage over producers who

pay royalties on varieties protected by United States plant

patents.

"(b) Purposes. - The purposes of this Act [see section 1 of Pub.

L. 105-289, set out as a Short Title of 1998 Amendments note under

section 1 of this title] are -

"(1) to clearly and explicitly provide that title 35, United

States Code, protects the owner of a plant patent against the

unauthorized sale of plant parts taken from plants illegally

reproduced;

"(2) to make the protections provided under such title more

consistent with those provided breeders of sexually reproduced

plants under the Plant Variety Protection Act (7 U.S.C. 2321 et

seq.), as amended by the Plant Variety Protection Act Amendments

of 1994 (Public Law 103-349); and

"(3) to strengthen the ability of United States plant patent

holders to enforce their patent rights with regard to importation

of plant parts produced from plants protected by United States

plant patents, which are propagated without the authorization of

the patent holder."

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35 USC Sec. 164 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 15 - PLANT PATENTS

-HEAD-

Sec. 164. Assistance of Department of Agriculture

-STATUTE-

The President may by Executive order direct the Secretary of

Agriculture, in accordance with the requests of the Director, for

the purpose of carrying into effect the provisions of this title

with respect to plants (1) to furnish available information of the

Department of Agriculture, (2) to conduct through the appropriate

bureau or division of the Department research upon special

problems, or (3) to detail to the Director officers and employees

of the Department.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 106-113, div. B,

Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113

Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III, Sec.

13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

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HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 56a (May 23, 1930, ch.

312, Sec. 4, 46 Stat. 376).

Language is changed.

AMENDMENTS

2002 - Pub. L. 107-273 made technical correction to directory

language of Pub. L. 106-113. See 1999 Amendment note below.

1999 - Pub. L. 106-113, as amended by Pub. L. 107-273,

substituted "Director" for "Commissioner" in two places.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Agriculture, with certain exceptions, to

Secretary of Agriculture, with power to delegate, see Reorg. Plan

No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat.

633, set out in the Appendix to Title 5, Government Organization

and Employees.

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