Plant Patent Amendment Act of 1998
PL 105-289 (H.R.1197), enacted 10/27/1998

112 STAT. 2780 
PUBLIC LAW 105-289—OCT. 27, 1998 
Public Law 105-289 
105th Congress 
An Act 
O t 27 19Q8 
'^° amend title 35, United States Code, to protect patent owners against the 
'^ ' 
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unauthorized sale of plant parts taken from plants illegally reproduced, and 
[H.R. 1197] 
for other piuposes. 
Be it enacted by the Senate and House of Representatives 
of 
Plant Patent 
the United States of America in Congress assembled. 
Amendments Act 
of 1998. 
SECTION 1. SHORT TITLE. 
35 u s e 1 note. 
This Act may be cited as the "Plant Patent Amendments Act 
of 1998". 
35 u s e 163 note. 
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 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 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 
PUBLIC LAW 105-289—OCT. 27, 1998 
112 STAT. 2781 
et seq.), as amended by the Plant Variety Protection Act Amend-
ments 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. 
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 follows: 
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§ 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) 
35 use 163 note, 
shall apply to any plant patent issued on or after the date of 
the enactment of this Act. 
SEC. 4. ACCESS TO ELECTRONIC PATENT INFORMATION. 
35 USC 41 note. 
(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 citi-
zens 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)). 
Approved October 27, 1998. 
LEGISLATIVE HISTORY—H.R. 1197: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 9, considered and passed House. 
Oct. 15, considered and passed Senate, amended. 
Oct. 16, House concurred in Senate amendment.