§2531 Ownership and Assignment

Summary

Plant variety protection is treated like personal property. The owner can transfer it in writing, or license or give someone the exclusive right to use the variety for all or part of the United States. A document with an official’s signature and seal (from a U.S. or foreign official, including U.S. diplomatic or consular officers) counts as initial proof of a transfer or license. To be effective against a later buyer or lender who paid without knowing about it, the transfer or an acknowledgment must be recorded in the Plant Variety Protection Office either within one month of its date or at least one month before that later sale or mortgage.