7 U.S.C. § 2422: Content of application

Summary

An application must give the variety’s name (a temporary name is OK until the certificate is issued) and a clear description showing how the variety is different from others, how consistent its traits are, and that those traits stay the same, plus its genealogy and how it was bred when known. The applicant must also explain why the variety is new, show why they own it, and promise to deposit and periodically replace a viable sample of basic seed or other material needed to grow the variety in a public repository under the rules. The Secretary may ask for more evidence (for example photos, specimens, records, or proof of ownership) and the applicant may fix or add to the description before the certificate is issued if the change can be shown to be accurate; courts must protect others from any unfair harm.

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