Plant Breeders Equity Act of 2002 (Introduced in House)
HR 5119 IH
JULY 15, 2002
Mr. ISSA introduced the following bill; which was referred to the Committee on the Judiciary
- 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 2002'.
SEC. 2. AMENDMENTS TO TITLE 35, UNITED STATES CODE.
- (a) HEADING- The heading of section 162 of title 35, United States Code, is amended to read as follows:
`Sec. 162. Description, claim, novelty'.
- (b) NOVELTY- Section 162 of title 35, United States Code, is amended by adding at the end the following new paragraph:
- `No plant patent application shall be denied, nor shall any issued plant patent be invalidated, on the grounds that the invention was described in a printed publication to which section 102(b) of this title applies, unless the invention was described in a printed publication in this or a foreign country more than ten years prior to the date of the application for patent in the United States.'.
- (c) CONFORMING AMENDMENT- The item relating to section 162 in the table of sections for chapter 15 of title 35, United States Code, is amended to read as follows:
- `162. Description, claim, novelty.'.
- (d) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to any application for a plant patent that is filed on and after that date, or is pending on that date, and to any patent in force on that date.