Report of the Committee on Patents.
PLANT PATENTS April 2 (calendar day, April 3), 1930—Ordered to be printed Mr. Goldsborough, from the Committee on Patents, submitted the following
REPORT (To accompany S. 4015)
The Committee on Patents, to whom was referred the bill (S. 4015) to provide for plant patents, have considered the same and report thereon with amendments, and, as so amended, recommend that the bill do pass AU of the committee amendments except two are clerical in character As to the two amendments, one adds to the bill the usual separability clause and the other eliminates from the scope of the bill patents for varities of plants which exist in an uncultivated or wild state, but are newly found by plant explorers or others.
I. Purposes of the Bill.
The purpose of the bill is to afford agriculture, so far as practicable, the same opportunity to participate in the benefits of the patent system as has been given industry, and thus assist in placing agriculture on a basis of economie equality with industry. The bill will remove the existing discrimination between plant developers and industrial inventors. To these enj J' • provides that any person who invents or discovers a new and distinct variety of plant shall be given by patent an exclusive ripht to propagate that plant by asexual reproduction; that is, by grafting, budding, cutting, layermg, division, and the like, but not by seeds.
Stimulation of Plant Breeding.
To-day the plant breeder has no adequate financial incentive to enter upon his work. A new variety once it has left the hands of the breeder may be reproduced in unhmited quantity by all. The originator's only hope or iinancial reimbursement is through high prices for the comparatively few reproductions that he may dispose of during the first two or three years. Atter that time, depending upon the speed with which the plant may be asexually reproduced, the breeder loses all control of his discovery. Under the bill the onginator will have control of his discovery during a period ot 17 years, the same term as under industrial patents. If the new variety is successful, the breeder or discoverer can expect an adequate financial reward. To-day plant breeding and research is dependent, in arge part, upon Government funds to Government experiment stations, or the limited endeavors of the amateur breeder. It is hoped that the bill will
stim,7i,at sou.nd b<fis for mvesting capital in plant breeding and consequently stimulate plant development through private funds.