§2422 — Title 7 Agriculture | U.S. Code

Summary

An application must give the plant variety a name (a temporary label is allowed until the certificate is issued) and follow the Secretary’s naming rules. It must describe how the variety is different from others, how consistent it is, whether those traits stay the same over generations, and any known breeding or family history. The Secretary can ask for more proof, like photos, specimens, or ownership records. The applicant may fix the description before the certificate if it can be shown to have been accurate. The application must say why the variety is new, promise to deposit and replenish a viable seed or other propagating sample in a public repository under the rules, and explain the applicant’s claim of ownership. Courts will protect others from unfair harm, and the Secretary may accept breeder or official seed-agency records as proof of stability.

Title 7, §2422

Agriculture — Source: USLM XML via OLRC

An application for a certificate recognizing plant variety rights shall contain: (1)

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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.

§2422 Content of application