Title 7, AgricultureRelease 119-102
§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
Allows the Secretary to fix a breeder-name mistake in a plant variety application if the mistake was not made on purpose. The Secretary can correct it anytime under rules or by a federal court order, will issue a corrected certificate, and the correction does not take away anyone’s rights.
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
Aug 21, 2026
Release point: 119-102