Text: H.R.1417 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 1417 IH
102d CONGRESS
1st Session
 H. R. 1417
To amend title 35, United States Code, with respect to patents on certain
processes.
IN THE HOUSE OF REPRESENTATIVES
March 13, 1991
Mr. BOUCHER (for himself, Mr. MOORHEAD, Mr. DWYER of New Jersey, Mr. COBLE,
Ms. KAPTUR, Mr. GALLEGLY, Mr. MILLER of Washington, Mr. DELUGO, Mr. STENHOLM,
Mr. TOWNS, Mrs. MORELLA, Mr. FISH, Mr. CAMPBELL of California, Mr. ANDREWS of
Texas, Mr. LAGOMARSINO, Mr. BRUCE, Mr. MCCLOSKEY, Mr. DICKS, Mr. LIPINSKI,
Mr. MCCOLLUM, and Mr. JEFFERSON) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To amend title 35, United States Code, with respect to patents on certain
processes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Biotechnology Patent Protection Act of 1991'.
SEC. 2. PATENTABILITY OF CERTAIN PROCESSES.
  Section 103 of title 35, United States Code, is amended by adding at the
  end the following new paragraph:
  `When a process of making or using a machine, manufacture, or composition
  of matter is sought to be patented in the same application as such machine,
  manufacture, or composition of matter, such process shall not be considered
  as obvious under this section if such machine, manufacture, or composition of
  matter is novel under section 102 and nonobvious under this section.  If the
  patentability of such process depends upon such machine, manufacture, or
  composition of matter, then a single patent shall issue on the application.'.
SEC. 3. EFFECTIVE DATE.
  The amendment made by section 2 shall apply to all United States patents
  granted on or after the date of the enactment of this Act and to all
  applications for United States patents pending on or filed after such date
  of enactment, including any application for the reissuance of a patent.