Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Jan 4, 2005
Plant Breeders Equity Act of 2005 - Amends Federal patent law to declare that no plant patent application shall be denied, nor shall any issued 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 of 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.
Declares that the plant patent applies equally to any plant that is not clearly distinguishable from a protected plant.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Aug 15, 2025. Consult Congress.gov for the current record.
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