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.
Take Action
Your position
Add a comment
to comment on this bill.
Annotate the text
Highlight any passage on the Summary or Full Text tab to attach a note. Annotations appear on the Annotations tab.