Text of Plants Patent Law. *) (Public — no. 245 — 71st Congress).
Se it enacted by the Senate and House of Representatives of the United btates or America in Congress assembled, That section 4884 and 4886 of tne Revised Statutes, as amended (U.S.C., title 35, secs. 40 and 31) are amended to read as follows:
"Sec. 4884. Every patent shall contain a short title or description of mvention or discovery, correctly indicating its nature and design and a grant to the patentee, his heirs or assigns, for the term of seventeen years, of the exclusive right to make, use, and vend the invention or discovery (includmg in the case of a plant patent the exclusive right to asexually reproduce the plant) throughout the United States and the Territories thereof refemng to the specification for the particulars thereof. A copy of the thereof3110" drawi"g shall be annexed to the patent and be a part
Sec, 4886. Any person, who has invented or discovered any new and uselui art, machine, manufacture, or composition of matter, or any new and useful improvements thereof, or who has invented or discovered and asexually reproduced any distinct and new variety of plant other than a tuberpropagaied plant, not known or used by others in this country, before his invention or discovery thereof, and not patented or described in any printed publicaiion in this or any foreign country, before his invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, U?iiSS t Same- 1Si ?roYed t0 have been abandoned, may, upon payment ther^for ^'S rec*ul y aw' anc* other due proceeding had, obtain a patent
,viSe«2' SeSl'?n. 4888 of the Revised Statutes, as amended (U.S.C., title 35, sec. 33), is amended by adding at the end thereof the following sentence: No plant patent shall be declared invalid on the ground of non'C°ossïbleW section if the description is made as complete as is reasonably
_Sec: 3- The first sentence of section 4892 of the Revised Statutes, as amended (U.S.C., title 35, sec. 35) is amended to read as follows:
i ■ "Se.^- 48^2- The applicant shall make oath that he does verily believe nimselt to be the origmal and first inventor or discoverer of the art, machine, manuiacture, composition, or improvement, or of the variety of plant, for wmch he solhcits a patent; that he does not know and does not believe thaL tne same was ever before known or used; and shall state of what country ne is a citizen.
:Jec- 4- The President may by Executive order direct the Secretary of Agriculture V) to furmsh the Commissioner of Patents such available information
) Het cursief gedrukte geeft de wijzigingen aan in de bestaande octrooiwet.