7 U.S.C. § 2483: Contents and term of plant…

Summary

A plant variety certificate gives the breeder (or the breeder’s successor) the right to stop others from selling, offering for sale, reproducing, importing, exporting, or using the protected variety to make a hybrid or different variety (but not to develop one). The owner can choose to require that seed of the variety be sold in the United States only as a specified class of certified seed, and if they do they can set how many generations that rule covers. The owner can give up other rights if they want, except the chosen certified‑seed rule. The Secretary may allow an owner to make those choices or waivers after the certificate is issued and can update the certificate, but changes won’t apply to the past. Protection usually lasts 20 years from the U.S. issue date, except tuber‑propagated varieties with an outside‑U.S. original grant end 20 years after that original grant date, and trees or vines last 25 years from issue. If the certificate is not issued within three years of the effective filing date, the Secretary may shorten the term by the amount of delay the Secretary attributes to the applicant. Protection also ends if the owner does not follow rules in effect when the certificate was issued (for example, giving seed to a public repository or submitting a new variety name), but only after the Secretary mails notice to the last recorded owner and that owner fails to comply within the time allowed, which must be at least three months, and pays any extra fee the Secretary sets.

Title 7, §2483

Agriculture, Source: USLM XML via OLRC

(a)Certificate

(1)Every certificate of plant variety protection shall certify that the breeder (or the successor in interest of the breeder), has the right, during the term of the plant variety protection, to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing (as distinguished from developing) a hybrid or different variety therefrom, to the extent provided by this chapter.

(2)If the owner so elects, the certificate shall—

(A)specify that seed of the variety shall be sold in the United States only as a class of certified seed; and

(B)if so specified, conform to the number of generations designated by the owner.

(3)An owner may waive a right provided under this subsection, other than a right that is elected by the owner under paragraph (2)(A).

(4)The Secretary may at the discretion of the Secretary permit such election or waiver to be made after certificating and amend the certificate accordingly, without retroactive effect.

(b)Term

(1)In general

Except as provided in paragraph (2), the term of plant variety protection shall expire 20 years from the date of issue of the certificate in the United States, except that—

(A)in the case of a tuber propagated plant variety subject to a waiver granted under section 2402(a)(1)(B)(i) of this title, the term of the plant variety protection shall expire 20 years after the date of the original grant of the plant breeder’s rights to the variety outside the United States; and

(B)in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate.

(2)Exceptions

If the certificate is not issued within three years from the effective filing date, the Secretary may shorten the term by the amount of delay in the prosecution of the application attributed by the Secretary to the applicant.

(c)Expiration upon failure to comply with regulations; notice

The term of plant variety protection shall also expire if the owner fails to comply with regulations, in force at the time of certificating, relating to replenishing seed in a public repository, or requiring the submission of a different name for the variety, except that this expiration shall not occur unless notice is mailed to the last owner recorded as provided in section 2531(d) of this title and the last owner fails, within the time allowed thereafter, not less than three months, to comply with said regulations, paying an additional fee to be prescribed by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–127, § 913(b)(1), (2), inserted heading, designated first sentence as par. (1), inserted par. heading, substituted “Except as provided in paragraph (2), the term” for “The term”, designated second sentence as par. (2), and inserted par. heading. Subsec. (b)(1). Pub. L. 104–127, § 913(b)(3), which directed the amendment of par. (2) by striking out “except that, in the case” and inserting “except that—”, subpar. (A), and “(B) in the case”, was executed to par. (1) to reflect the probable intent of Congress. 1994—Subsec. (a). Pub. L. 103–349, § 7(1)(A), designated first through fourth sentences as pars. (1) to (4), respectively. Subsec. (a)(1). Pub. L. 103–349, § 13(m)(1)(A), which directed the substitution of “(or the successor in interest of the breeder)” for “(or his successor in interest) his heirs and assignees”, was executed by making the substitution for “(or his successor in interest) his heirs or assignees”, to reflect the probable intent of Congress. Subsec. (a)(2), (3). Pub. L. 103–349, § 7(1)(B), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows: “(2) If the owner so elects, the certificate shall also specify that in the United States, seed of the variety shall be sold by variety name only as a class of certified seed and, if specified, shall also conform to the number of generations designated by the owner. “(3) Any rights, or all rights except those elected under the preceding sentence, may be waived; and the certificate shall conform to such waiver.” Subsec. (a)(4). Pub. L. 103–349, § 13(m)(1)(B), substituted “the discretion of the Secretary” for “his discretion”. Subsec. (b). Pub. L. 103–349, § 7(2), in first sentence substituted “20 years” for “eighteen years” and inserted before period at end “, except that, in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate”. Subsec. (c). Pub. L. 103–349, §§ 7(3), 13(m)(2), substituted “repository, or requiring the submission of a different name for the variety, except that” for “repository: Provided, however, That” and “the last owner” for “he” before “fails”. 1980—Subsec. (b). Pub. L. 96–574 substituted “eighteen” for “seventeen”.

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.

§2483 Contents and Term of Plant Variety Protection