Title 7 — AgricultureRelease 119-73not60
§2486 Correction of Named Breeder
Title 7 › Chapter 57— PLANT VARIETY PROTECTION › Subchapter II— PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION › Part H— Certificates of Plant Variety Protection › § 2486
Summary
If a breeder's name was entered wrong on an application but not on purpose, the plant variety protection still stays valid. The Secretary can fix the name at any time under the Secretary's rules or if a federal court orders it, must issue a corrected certificate, and the fix cannot take away any rights a person would have had.
Full Legal Text
Title 7, §2486
Agriculture — Source: USLM XML via OLRC
An error as to the naming of a breeder in the application, without deceptive intent, shall not affect validity of plant variety protection and may be corrected at any time by the Secretary in accordance with regulations established by the Secretary or upon order of a federal court before which the matter is called in question. Upon such correction the Secretary shall issue a certificate accordingly. Such correction shall not deprive any person of any rights the person otherwise would have had.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1994—Pub. L. 103–349 substituted “the Secretary” for “him” in first sentence and “the person” for “he” in third sentence.
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. § 2486
Title 7 — Agriculture
Last Updated
Apr 3, 2026
Release point: 119-73not60