§2401 Definitions and Rules of Construction

Summary

Defines key words used in the chapter and explains how to read the rules. Asexually reproduced: made from one parent using plant parts (not seed), like cuttings, grafting, tissue culture, or root division. Basic seed: seed planted to grow certified or commercial seed. Breeder: the person who leads the final breeding or who finds and develops a variety (if an agent acted for someone else, the principal is the breeder); not someone who only rediscovers a known variety. Essentially derived variety: a new variety mostly taken from an earlier one that keeps the original’s main genetic traits, is clearly different, and only differs in ways caused by the derivation; it can come from mutation, selection, backcrossing, genetic engineering, or similar methods. Kind: one or more related species known by a common name. Seed (tuber): the tuber or part of a tuber used to propagate. Sexually reproduced: produced by seed (not tubers). Tuber propagated: grown from a tuber or part of a tuber. United States: the U.S., its territories and possessions, and the Commonwealth of Puerto Rico. Variety: a plant grouping in the lowest botanical rank that shows certain genetic traits, is distinguishable by at least one trait, and is treated as a unit for propagation; it may be represented by seed, plants, tubers, tissue-culture plantlets, or similar material. Explains how some sales and filings are treated. Selling harvested material that was made only for testing or as a by-product, and not for reproduction, is not treated as exploiting the variety. Selling material for reproduction is not treated as exploitation if it is done as part of testing or increasing the variety for the breeder or the breeder’s successor. Selling hybrid seed counts as selling the harvested material of the parent varieties. Filing an application for protection or to enter an official register makes the variety public knowledge from the application date if that filing leads to protection or entry. A variety can be shown to be distinct by one or more clear traits, including processing or product traits, and differences in genealogy can help prove distinctness. A variety is publicly known if it is adequately described in the U.S. technical literature by its main distinguishing traits, or by other means.