§2501 — Title 7 Agriculture | U.S. Code

Summary

Within five years after a plant variety protection certificate is issued, anyone can write to the Secretary with facts that might affect whether the variety should be protected. The Secretary can order a reexamination based on those facts. The reexamination and any appeals use the same steps and rights as the original exam. If the owner stops the process while a decision to cancel the certificate is pending, the certificate will be canceled and a notice added to future copies of the plant’s description from the Plant Variety Protection Office. If the person giving notice shows enough initial evidence, the Secretary may require a contest between the parties under procedures the Secretary sets up.

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