I
105TH CONGRESS
1ST SESSION
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 repro-
duced, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mr. SMITH of Oregon introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Plant Patent Amend-
ments Act of 1997’’.
SEC. 2. FINDINGS AND PURPOSES.
(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 in-
centive 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 under-
mining the orderly collection of royalties due breed-
ers 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 in-
vestment in domestic research and breeding activi-
ties 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 ad-
vantage over producers who pay royalties on vari-
eties protected by United States plant patents.
(b) PURPOSES.—The purposes of this Act 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 breed-
ers of sexually reproduced plants under the Plant
Variety Protection Act (7 U.S.C. 2321 and follow-
ing), 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 pat-
ents, which are propagated without the authorization
of the patent holder.
SEC. 3. AMENDMENT TO TITLE 35, UNITED STATES CODE.
(a) RIGHTS IN PLANT PATENTS.—Section 163 of
title 35, United States Code, is amended to read as fol-
lows:
‘‘§ 163. Grant
‘‘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.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to any plant patent issued on
or after the date of the enactment of this Act.
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