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7 U.S.C. § 2422 (AGRICULTURE)
§ 2422. Content of application
An application for a certificate recognizing plant variety rights shall contain:
(1) The name of the variety except that a temporary designation will suffice until the certificate is to be issued. The variety shall be named in accordance with regulations issued by the Secretary.
(2) A description of the variety setting forth its distinctiveness, uniformity, and stability and a description of the genealogy and breeding procedure, when known. The Secretary may require amplification, including the submission of adequate photographs or drawings or plant specimens, if the description is not adequate or as complete as is reasonably possible, and submission of records or proof of ownership or of allegations made in the application. An applicant may add to or correct the description at any time, before the certificate is issued, upon a showing acceptable to the Secretary that the revised description is retroactively accurate. Courts shall protect others from any injustice which would result. The Secretary may accept rec­ords of the breeder and of any official seed certifying agency in this country as evidence of stability where applicable.
(3) A statement of the basis of the claim of the applicant that the variety is new.
(4) A declaration that a viable sample of basic seed (including any propagating material) necessary for propagation of the variety will be deposited and replenished periodically in a public repository in accordance with regulations to be established hereunder.
(5) A statement of the basis of applicant’s ownership.
(Pub. L. 91–577, title II, § 52, Dec. 24, 1970, 84 Stat. 1548; Pub. L. 96–574, § 11, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103–349, § 4, Oct. 6, 1994, 108 Stat. 3139.)
heading: Amendments
text: 1994—Par. (1). Pub. L. 103–349, § 4(1), inserted at end “The variety shall be named in accordance with regulations issued by the Secretary.”
Par. (2). Pub. L. 103–349, § 4(2), in first sentence substituted “distinctiveness, uniformity, and stability” for “novelty”.
Par. (3). Pub. L. 103–349, § 4(4), added par. (3). Former par. (3) redesignated (4).
Par. (4). Pub. L. 103–349, § 4(3), (5), redesignated par. (3) as (4) and inserted “(including any propagating material)” after “basic seed”. Former par. (4) redesignated (5).
Par. (5). Pub. L. 103–349, § 4(3), redesignated par. (4) as (5).
1980—Par. (3). Pub. L. 96–574 struck out provisions relating to adding of declaration by amendment.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2423 (AGRICULTURE)
§ 2423. Joint breeders
(a) When two or more persons are the breeders, one person (or the successor of the person) may apply, naming the others.
(b) The Secretary, after such notice as the Secretary may prescribe, may issue a certificate of plant variety protection to the applicant and such of the other breeders (or their successors in interest) as may have subsequently joined in the application.
(Pub. L. 91–577, title II, § 53, Dec. 24, 1970, 84 Stat. 1548; Pub. L. 103–349, § 13(g), Oct. 6, 1994, 108 Stat. 3143.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–349, § 13(g)(1), substituted “one person (or the successor of the person)” for “one (or his successor)”.
Subsec. (b). Pub. L. 103–349, § 13(g)(2), substituted “the Secretary” for “he” before “may”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2424 (AGRICULTURE)
§ 2424. Death or incapacity of breeder
Legal representatives of deceased breeders and of those under legal incapacity may make application for plant variety protection upon compliance with the requirements and on the same terms and conditions applicable to the breeder or the successor in interest of the breeder.
(Pub. L. 91–577, title II, § 54, Dec. 24, 1970, 84 Stat. 1548; Pub. L. 103–349, § 13(h), Oct. 6, 1994, 108 Stat. 3143.)
heading: Amendments
text: 1994—Pub. L. 103–349 substituted “the successor in interest of the breeder” for “his successor in interest”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2426 (AGRICULTURE)
§ 2426. Confidential status of application
Applications for plant variety protection and their contents shall be kept in confidence by the Plant Variety Protection Office, by the Board, and by the offices in the Department of Agriculture to which access may be given under regulations. No information concerning the same shall be given without the authority of the owner, unless necessary under special circumstances as may be determined by the Secretary, except that the Secretary may publish the variety names designated in applications, stating the kind to which each applies, the name of the applicant, and whether the applicant specified that the variety is to be sold by variety name only as a class of certified seed.
(Pub. L. 91–577, title II, § 56, Dec. 24, 1970, 84 Stat. 1549; Pub. L. 96–574, § 12, Dec. 22, 1980, 94 Stat. 3350.)
heading: Amendments
text: 1980—Pub. L. 96–574 inserted provisions relating to name of applicant and sale of the variety.
7 U.S.C. § 2427 (AGRICULTURE)
§ 2427. Publication
The Secretary may establish regulations for the publication of information regarding any pending application when publication is requested by the owner.
(Pub. L. 91–577, title II, § 57, Dec. 24, 1970, 84 Stat. 1549; Pub. L. 96–574, § 13, Dec. 22, 1980, 94 Stat. 3350.)
heading: Amendments
text: 1980—Pub. L. 96–574 inserted “information regarding” after “publication of”.
7 U.S.C. § 2441 (AGRICULTURE)
§ 2441. Examination of application
The Secretary shall cause an examination to be made of the application and if on such examination it is determined that the applicant is entitled to plant variety protection under the law, the Secretary shall issue a notice of allowance of plant variety protection therefor as hereinafter provided.
(Pub. L. 91–577, title II, § 61, Dec. 24, 1970, 84 Stat. 1549.)
7 U.S.C. § 2442 (AGRICULTURE)
§ 2442. Notice of refusal; reconsideration
(a) Whenever an application is refused, or any objection or requirement made by the examiner, the Secretary shall notify the applicant thereof, stating the reasons therefor, together with such information and references as may be useful in judging the propriety of continuing the prosecution of the application; and if after receiving such notice the applicant requests reconsideration, with or without amendment, the application shall be reconsidered.
(b) For taking appropriate action after the mailing to an applicant of an action other than allowance, the applicant shall be allowed at least 30 days, and not more than 180 days, or such other time as the Secretary shall set in the refusal, or such time as the Secretary may allow as an extension. Without such extension, action may be taken up to three months late by paying an additional fee to be prescribed by the Secretary.
(Pub. L. 91–577, title II, § 62, Dec. 24, 1970, 84 Stat. 1549; Pub. L. 103–349, §§ 6, 13(j), Oct. 6, 1994, 108 Stat. 3140, 3143.)
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–349 in first sentence substituted “mailing to an applicant” for “mailing to him”, “the applicant shall” for “an applicant shall”, “at least 30 days, and not more than 180 days” for “six months”, “the Secretary shall” for “the Secretary in exceptional circumstances shall”, and “as the Secretary may” for “as he may”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2443 (AGRICULTURE)
§ 2443. Initial appeal
When an application for plant variety protection has been refused by the Plant Variety Protection Office, the applicant may appeal to the Secretary. The Secretary shall seek the advice of the Plant Variety Protection Board on all appeals, before deciding the appeal.
(Pub. L. 91–577, title II, § 63, Dec. 24, 1970, 84 Stat. 1550.)
7 U.S.C. § 2461 (AGRICULTURE)
§ 2461. Appeals
From the decisions made under sections 2404, 2443, 2501, and 2568 of this title appeal may, within sixty days or such further times as the Secretary allows, be taken under the Federal Rules of Appellate Procedure. The United States Court of Appeals for the Federal Circuit shall have jurisdiction of any such appeal.
(Pub. L. 91–577, title II, § 71, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 97–164, title I, § 145, Apr. 2, 1982, 96 Stat. 45; Pub. L. 103–349, § 8(d)(1), Oct. 6, 1994, 108 Stat. 3141.)
heading: Amendments
text: 1994—Pub. L. 103–349 struck out “2502,” after “2501,”.
1982—Pub. L. 97–164 substituted “The United States Court of Appeals for the Federal Circuit shall have jurisdiction of any such appeal” for “The Court of Customs and Patent Appeals and United States Courts of Appeals shall have jurisdiction, with venue in the case of the latter as stated in section 2343 of title 28”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
heading: Effective Date of 1982 Amendment
text: Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
7 U.S.C. § 2462 (AGRICULTURE)
§ 2462. Civil action against Secretary
An applicant dissatisfied with a decision under section 2443 or 2501 of this title, may, as an alternative to appeal, have remedy by civil action against the Secretary in the United States District Court for the District of Columbia. Such action shall be commenced within sixty days after such decision or within such further time as the Secretary allows. The court may, in the case of review of a decision by the Secretary refusing plant variety protection, adjudge that such applicant is entitled to receive a certificate of plant variety protection for the variety as specified in the application as the facts of the case may appear, on compliance with the requirements of this chapter.
(Pub. L. 91–577, title II, § 72, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 103–349, § 13(k), Oct. 6, 1994, 108 Stat. 3143.)
heading: Amendments
text: 1994—Pub. L. 103–349, which directed that the second sentence be amended by substituting “the variety as specified in the application” for “his variety as specified in his application”, was executed by making the substitution in the third sentence, to reflect the probable intent of Congress.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2463 (AGRICULTURE)
§ 2463. Repealed. Pub. L. 103–349, § 8(c)(2), Oct. 6, 1994, 108 Stat. 3141
text: Section, Pub. L. 91–577, title II, § 73, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 103–349, § 8(c)(1), Oct. 6, 1994, 108 Stat. 3140, related to appeal or civil action in contested cases. Prior to repeal, subsec. (b) of this section was transferred to section 2504 of this title by Pub. L. 103–349, § 8(c)(1), Oct. 6, 1994, 108 Stat. 3140.
heading: Effective Date of Repeal
text: Repeal effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as an Effective Date of 1994 Amendment note under section 2401 of this title.
7 U.S.C. § 2481 (AGRICULTURE)
§ 2481. Plant variety protection
(a) If it appears that a certificate of plant variety protection should be issued on an application, a written notice of allowance shall be given or mailed to the owner. The notice shall specify the sum, constituting the issue fee, which shall be paid within one month thereafter.
(b) Upon timely payment of this sum, and provided that deposit of seed has been made in accordance with section 2422(3) 1 of this title, the certificate of plant variety protection shall issue.
(c) If any payment required by this section is not timely made, but is submitted with an additional fee prescribed by the Secretary within nine months after the due date or within such further time as the Secretary may allow, it shall be accepted.
(Pub. L. 91–577, title II, § 81, Dec. 24, 1970, 84 Stat. 1551.)
heading: References in Text
text: Section 2422(3) of this title, referred to in subsec. (b), was redesignated section 2422(4) of this title by Pub. L. 103–349, § 4, Oct. 6, 1994, 108 Stat. 3139.
7 U.S.C. § 2482 (AGRICULTURE)
§ 2482. How issued
A certificate of plant variety protection shall be issued in the name of the United States of America under the seal of the Plant Variety Protection Office, and shall be signed by the Secretary or have the signature of the Secretary placed thereon, and shall be recorded in the Plant Variety Protection Office.
(Pub. L. 91–577, title II, § 82, Dec. 24, 1970, 84 Stat. 1551; Pub. L. 103–349, § 13(l), Oct. 6, 1994, 108 Stat. 3143.)
heading: Amendments
text: 1994—Pub. L. 103–349 substituted “the signature of the Secretary” for “his signature”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2484 (AGRICULTURE)
§ 2484. Correction of Plant Variety Protection Office mistake
Whenever a mistake in a certificate of plant variety protection incurred through the fault of the Plant Variety Protection Office is clearly disclosed by the records of the Office, the Secretary may issue, without charge, a corrected certificate of plant variety protection, stating the fact and nature of such mistake. Such certificate of plant variety protection shall have the same effect and operation in law as if the same had been originally issued in such corrected form.
(Pub. L. 91–577, title II, § 84, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 96–574, § 15, Dec. 22, 1980, 94 Stat. 3350.)
heading: Amendments
text: 1980—Pub. L. 96–574 substituted provisions relating to correction of Plant Variety Protection Office mistake for provisions relating to certificate of correction of Plant Variety Protection Office mistake.
7 U.S.C. § 2485 (AGRICULTURE)
§ 2485. Correction of applicant’s mistake
Whenever a mistake of a clerical or typographical nature, or of minor character, or in the description of the variety, which was not the fault of the Plant Variety Protection Office, appears in a certificate of plant variety protection and a showing has been made that such mistake occurred in good faith, the Secretary may, upon payment of the required fee, issue a corrected certificate if the correction could have been made before the certificate issued. Such certificate of plant variety protection shall have the same effect and operation in law as if the same had been originally issued in such corrected form.
(Pub. L. 91–577, title II, § 85, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 96–574, § 16, Dec. 22, 1980, 94 Stat. 3351.)
heading: Amendments
text: 1980—Pub. L. 96–574 struck out applicability of section 2484 of this title to manner and form of certificate, and reference to trials of actions thereafter arising with respect to effect and operation in law of certificate.
7 U.S.C. § 2486 (AGRICULTURE)
§ 2486. Correction of named breeder
An error as to the naming of a breeder in the application, without deceptive intent, shall not affect validity of plant variety protection and may be corrected at any time by the Secretary in accordance with regulations established by the Secretary or upon order of a federal court before which the matter is called in question. Upon such correction the Secretary shall issue a certificate accordingly. Such correction shall not deprive any person of any rights the person otherwise would have had.
(Pub. L. 91–577, title II, § 86, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 103–349, § 13(n), Oct. 6, 1994, 108 Stat. 3143.)
heading: Amendments
text: 1994—Pub. L. 103–349 substituted “the Secretary” for “him” in first sentence and “the person” for “he” in third sentence.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2501 (AGRICULTURE)
§ 2501. Reexamination after issue
(a) Any person may, within five years after the issuance of a certificate of plant variety protection, notify the Secretary in writing of facts which may have a bearing on the protectability of the variety, and the Secretary may cause such plant variety protection to be reexamined in the light thereof.
(b) Reexamination of plant variety protection under this section and appeals shall be pursuant to the same procedures and with the same rights as for original examinations. Abandonment of the procedure while subject to a ruling against the retention of the certificate shall result in cancellation of the plant variety certificate thereon and notice thereof shall be endorsed on copies of the description of the protected plant variety thereafter distributed by the Plant Variety Protection Office.
(c) If a person acting under subsection (a) of this section makes a prima facie showing of facts needing proof, the Secretary may direct that the reexamination include such interparty proceedings as the Secretary shall establish.
(Pub. L. 91–577, title II, § 91, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 96–574, § 17, Dec. 22, 1980, 94 Stat. 3351; Pub. L. 103–349, § 13(o), Oct. 6, 1994, 108 Stat. 3144.)
heading: Amendments
text: 1994—Subsec. (c). Pub. L. 103–349 substituted “the Secretary” for “he”.
1980—Subsec. (b). Pub. L. 96–574 substituted “description” for “specification”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2502, 2503 (AGRICULTURE)
§§ 2502, 2503. Repealed. Pub. L. 103–349, § 8(a), Oct. 6, 1994, 108 Stat. 3140
text: Section 2502, Pub. L. 91–577, title II, § 92, Dec. 24, 1970, 84 Stat. 1553, related to priority contest.
text: Section 2503, Pub. L. 91–577, title II, § 93, Dec. 24, 1970, 84 Stat. 1553; Pub. L. 96–574, § 18, Dec. 22, 1980, 94 Stat. 3351, related to effect of adverse final judgment or of nonaction.
heading: Effective Date of Repeal
text: Repeal effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as an Effective Date of 1994 Amendment note under section 2401 of this title.
7 U.S.C. § 2504 (AGRICULTURE)
§ 2504. Interfering plant variety protection
(a) The owner of a certificate of plant variety protection may have relief against another owner of a certificate of the same variety by civil action, and the court may adjudge the question of validity of the respective certificates, or the ownership of the certificate.
(b) Such suit may be instituted against the party in interest as shown by the record of the Plant Variety Protection Office at the time of the decision complained of, but any party in interest may become a party to the action. If there be adverse parties residing in a plurality of districts not embraced within the same State, or an adverse party residing in a foreign country, the United States District Court for the District of Columbia, or any United States district court to which it may transfer the case, shall have jurisdiction and may issue summons against the adverse parties directed to the marshall of any district in which any adverse party resides. Summons against adverse parties residing in foreign countries may be served by publication or otherwise as the court directs. The Secretary shall not be made a party but the Secretary shall have the right to intervene. Judgment of the court in favor of the right of an applicant to plant variety protection shall authorize the Secretary to issue a certificate of plant variety protection on the filing in the Plant Variety Protection Office of a certified copy of the judgment and on compliance with the requirements of this chapter.
(Pub. L. 91–577, title II, § 92, formerly § 94, Dec. 24, 1970, 84 Stat. 1553; renumbered § 92 and amended Pub. L. 103–349, §§ 8(b), (c)(1), 13(p), Oct. 6, 1994, 108 Stat. 3140, 3144.)
heading: Codification
text: The text of subsec. (b) of section 2463 of this title, which was transferred to subsec. (b) of this section by Pub. L. 103–349, § 8(c)(1), was based on section 73(b) of Pub. L. 91–577, title II, Dec. 24, 1970, 84 Stat. 1550.
heading: Prior Provisions
text: A prior section 92 of Pub. L. 91–577 was classified to section 2502 of this title prior to repeal by Pub. L. 103–349.
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–349, § 8(b)(2), designated existing provisions as subsec. (a) and struck out at end “The provisions of section 2463(b) of this title shall apply to actions brought under this section.”
Subsec. (b). Pub. L. 103–349, §§ 8(c)(1), 13(p), transferred subsec. (b) of section 2463 of this title to subsec. (b) of this section, and substituted “the Secretary” for “he” before “shall have” in fourth sentence. See Codification note above.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2531 (AGRICULTURE)
§ 2531. Ownership and assignment
(a) Subject to the provisions of this subchapter, plant variety protection shall have the attributes of personal property.
(b) Applications for certificates of plant variety protection, or any interest in a variety, shall be assignable by an instrument in writing. The owner may in like manner license or grant and convey an exclusive right to use of the variety in the whole or any specified part of the United States.
(c) A certificate of acknowledgment under the hand and official seal of a person authorized to administer oaths within the United States, or in a foreign country, of a diplomatic or consular officer of the United States or an officer authorized to administer oaths whose authority is proved by a certificate of a diplomatic or consular officer of the United States, shall be prima facie evidence of the execution of an assignment, grant, license, or conveyance of plant variety protection or application for plant variety protection.
(d) An assignment, grant, conveyance or license shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it, or an acknowledgment thereof by the person giving such encumbrance that there is such encumbrance, is filed for recording in the Plant Variety Protection Office within one month from its date or at least one month prior to the date of such subsequent purchase or mortgage.
(Pub. L. 91–577, title III, § 101, Dec. 24, 1970, 84 Stat. 1554.)