PRIA, Government Policy, Made Personal

Summary

Anyone has five years after a plant variety protection certificate is issued to write to the Secretary about facts that might affect whether the variety should be protected. The Secretary can then reopen and reexamine the certificate. The reexamination and any appeals follow the same rules as the original review. If the case is dropped while a decision says the certificate should not stay, the certificate is canceled and future descriptions will show that. If the person shows enough initial evidence, the Secretary may order formal proceedings between the parties.

Title 7, §2501

Agriculture, Source: USLM XML via OLRC

(a)Any person may, within five years after the issuance of a certificate of plant variety protection, notify the Secretary in writing of facts which may have a bearing on the protectability of the variety, and the Secretary may cause such plant variety protection to be reexamined in the light thereof.

(b)Reexamination of plant variety protection under this section and appeals shall be pursuant to the same procedures and with the same rights as for original examinations. Abandonment of the procedure while subject to a ruling against the retention of the certificate shall result in cancellation of the plant variety certificate thereon and notice thereof shall be endorsed on copies of the description of the protected plant variety thereafter distributed by the Plant Variety Protection Office.

(c)If a person acting under subsection (a) makes a prima facie showing of facts needing proof, the Secretary may direct that the reexamination include such interparty proceedings as the Secretary shall establish.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (c). Pub. L. 103–349 substituted “the Secretary” for “he”. 1980—Subsec. (b). Pub. L. 96–574 substituted “description” for “specification”.

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.

§2501 Reexamination After Issue