o
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.

* * * * *

It is admitted by all who understand anything about horticulture that
this act is intended to meet a long-felt want. The world owes much to
many hard working scientists who have developed many valuable plants,
both ornamental and edible, and up to the date of this act such producer
had no way of reaping any very material financial benefit from his
labors. The man who might invent some new and useful gadget for an
automobile or other machinery was protected under the patent law, if he
availed himself of it, but the man who developed a beautiful flower, a
fine apple or a fine nut was wholly without protection.

The term "asexually" as used in the act, is generally understood by
horticulturists to mean any method of producing a plant except from
seed. It will be observed, in referring again to the act, that the man
who discovers some new plant and propagates it by any of the methods
covered by the term "asexually" can have such plant patented under the
terms of this law, but the patent law is one that is always construed
strictly and obviously the application for patent would have to be made
in the name of the man who actually discovered the plant. Of course,
after securing such patent, he could assign it the same as any other
patent is assigned, but the question would constantly arise in this
connection as to who actually was the first discoverer. Most of the
sporadic fine plants, especially fruit and nut bearing trees, were
matters of neighborhood knowledge many years before they actually
attracted the attention of some one who recognized their full value and
knew how to propagate them, and the question would arise