Title 7 — AgricultureRelease 119-73
§2462 Civil action against Secretary
Title 7 › Chapter CHAPTER 57— - PLANT VARIETY PROTECTION › Subchapter SUBCHAPTER II— - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION › Part Part G— - Appeals to Courts and Other Review › § 2462
Summary
If an applicant disagrees with a decision under sections 2443 or 2501, the applicant may sue the Secretary in the federal court in the District of Columbia instead of appealing. The suit must start within 60 days (or later if the Secretary allows); the court can order a plant variety protection certificate if the applicant meets the chapter’s requirements.
Full Legal Text
Title 7, §2462
Agriculture — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
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.
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.
Reference
Citations & Metadata
Citation
7 U.S.C. § 2462
Title 7 — Agriculture
Last Updated
Apr 6, 2026
Release point: 119-73