35 U.S.C. § 163 Grant

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-30 (published on www.congress.gov on 12/21/2023)
• Year: 2023
• Citation: 35 U.S.C. § 163

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.

Cite as 35 U.S.C. § 163

Source: July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 105-289, §3(a), Oct. 27, 1998, 112 Stat. 2781.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., §40, part (R.S. 4884, amended May 23, 1930, ch. 312, §1, 46 Stat. 376).

This provision is from R.S. 4884 (see section 154) amended in language.

EDITORIAL NOTES

AMENDMENTS

1998- Pub. L. 105-289 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "In the case of a plant patent the grant shall be of the right to exclude others from asexually reproducing the plant or selling or using the plant so reproduced."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-289, §3(b), Oct. 27, 1998, 112 Stat. 2781, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any plant patent issued on or after the date of the enactment of this Act [Oct. 27, 1998]."

FINDINGS AND PURPOSES

Pub. L. 105-289, §2, Oct. 27, 1998, 112 Stat. 2780, provided that:

"(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.