Northern Nut Growers Report of the Proceedings at the Twenty-First Annual Meeting: Cedar Rapids, Iowa, September 17, 18, and 19, 1930
Science
Northern Nut Growers Report of the Proceedings at the Twenty-First Annual Meeting: Cedar Rapids, Iowa, September 17, 18, and 19, 1930
Northern Nut Growers Association -- Periodicals; Nut trees -- Periodicals; Nuts -- Periodicals
"SEC. 4886. Any person who has invented or discovered any new
and useful 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 tuber-propagated plant, not known or used by others in this
country, before his invention or discovery thereof, and not patented or
described in any printed publication 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, unless the same is proved
to have been abandoned, may, upon payment of the fees required by law,
and other due proceeding had, obtain a patent therefor."
SEC. 2, Section 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 noncompliance with this section if the description is made as
complete as is reasonably possible."
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:
"SEC. 4892. The applicant shall make oath that he does verily
believe himself to be the original and first inventor or discoverer of
the art, machine, manufacture, composition, or improvement, or of the
variety of plant, for which he solicits a patent; that he does not know
and does not believe that the same was ever before known or used; and
shall state of what country he is a citizen."
SEC. 4. The President may by Executive order direct the
Secretary of Agriculture (1) to furnish the Commissioner of Patents such
available information of the Department of Agriculture, or (2) to
conduct through the appropriate bureau or division of the department
such research upon special problems, or (3) to detail to the
Commissioner of Patents such officers and employees of the department,
as the commissioner may request for the purposes of carrying this Act
into effect.
SEC. 5. Notwithstanding the foregoing provisions of this Act,
no variety of plant which has been introduced to the public prior to the
approval of this Act shall be subject to patent.
SEC. 6. If any provision of this Act is declared
unconstitutional or the application thereof to any person or
circumstance is held invalid, the validity of the remainder of the Act
and the application thereof to other persons or circumstances shall not
be affected thereby.
Approved, May 23, 1930.
* * * * *
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