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HR 5253 108th Congress House Commerce Agriculture and Food Intellectual property Inventions Patents Plant breeding Public Lands and Natural Resources Trees

Plant Breeders Equity Act of 2004

Introduced: October 7, 2004 Introduced by: Issa, Darrell Republican · California See on congress.gov
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 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 5, 2004
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Oct 7, 2004
Referred to the House Committee on the Judiciary.
Oct 7, 2004
Introduced in House
 Plain-English summary Congressional Research Service

Plant Breeders Equity Act of 2004 - Amends Federal patent law to declare that no plant patent application shall be denied, nor shall any issue plant patent be invalidated, on the grounds that the invention was sold or otherwise disposed of.

Provides for an exception if such invention was sold or disposed of, by or with the consent or the inventor or discoverer for purposes of exploitation of the invention: (1) to other persons in the United States more than one year prior to the date of the application for patent; (2) to other persons in a foreign country more than four years prior to such date; or (3) in the case of a tree or vine, to other persons in a foreign country more than six years prior to such date.

Provides that the plant patent applies equally to any plant that is not clearly distinguishable from a protected plant.

What's happening now November 5, 2004

Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

 Committees of jurisdiction 2