Plant Patent: Hearing Before the Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, United States Senate, Eighty-sixth Congress, First Session, Pursuant to S. Res. 53 on S. 1447, to Amend Section 161, Title 35, United States Code, with Respect to Patents for Plants, July 9, 1959U.S. Government Printing Office, 1960 - 47 lappuses Considers S. 1447, to revise the patents for plants. |
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amend section 161 answer asexually reproduced asexually reproduced plants asked bill Bruce Gray caladium Chairman Commissioner of Patents cortisone crop CULLINAN Department of Agriculture enactment enforcement excluded Goldberg Government granted GREEN incentive Irish potato Jerusalem artichoke John Gilkey Judiciary letter M. K. HOBBS MACLAY ment MERCKER MEYER National Potato Council Patent Office patent protection patenting of potatoes patents for plants PICHA plant breeders Plant Patent Act plant patent law plant varieties potato chips potato growers potato plant potato-chip industry present law private breeders private potato breeders problem proposed amendment question reasons record Red Dot Foods respect to patents seedlings Senate committee report Senator HART Senator O'Mahoney Senator Wiley SMITH sold as food statement stolons strawberry subcommittee sweet potato taro Thank tion title 35 trademark tuber tuber-propagated plants U.S. Department United States Code varieties of potatoes Washington WATSON WINTER PARK Wisconsin
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34. lappuse - ... patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or b. the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, or c.
11. lappuse - Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
1. lappuse - 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 economic equality with industry.
2. lappuse - With reference to tuber-propagated plants, for which a plant patent cannot be obtained, the term "tuber" is used in its narrow horticultural sense as meaning a short, thickened portion of an underground branch. The only plants covered by the term "tuber-propagated" are the Irish potato and the Jerusalem artichoke.
13. lappuse - This exception is made because this group alone, among asexually reproduced plants, is propagated by the same part of the plant that is sold as food.
6. lappuse - The general purpose in having plant protection 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.
42. lappuse - Jackson, the chairman of the patent, trademark, and copyright law section of the American Bar Association, may serve as an illustration.
10. lappuse - ... his observation about your contribution in this field as in many others. I think the country, which at first dismissed Mr. Nader as somewhat of a wild man, is beginning to realize that he is one of the most creative, responsible critics in the country today. And, a remarkable lawyer. I would like to ask you the same question I asked the previous witness. Do you think that we can have an adequate system of Indian education which the Indians themselves do not control ? Mr. NADER. No, I do not....