1. U.S. Code
  2. title 7
  3. chapter 57
  4. subchapter II
  5. part D
  6. § 2402

Collapse to view only § 2402. Right to plant variety protection; plant varieties protectable

§ 2401. Definitions and rules of construction
(a) Definitions
As used in this chapter:
(1) Asexually reproduced
(2) Basic seed
(3) Breeder
(4) Essentially derived variety
(A) In general
The term “essentially derived variety” means a variety that—
(i) is predominantly derived from another variety (referred to in this paragraph as the “initial variety”) or from a variety that is predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety;
(ii) is clearly distinguishable from the initial variety; and
(iii) except for differences that result from the act of derivation, conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.
(B) Methods
(5) Kind
(6) Seed
(7) Sexually reproduced
(8) Tuber propagated
(9) United States
(10) Variety
(b) Rules of construction
For the purposes of this chapter:
(1) Sale or disposition for nonreproductive purposes
(2) Sale or disposition for reproductive purposes
(3) Sale or disposition of hybrid seed
(4) Application for protection or entering into a register of varieties
(5) Distinctness
(6) Publicly known varieties
(A) In general
(B) Description
(C) Other means
(Pub. L. 91–577, title II, § 41, Dec. 24, 1970, 84 Stat. 1546; Pub. L. 103–349, § 2, Oct. 6, 1994, 108 Stat. 3136; Pub. L. 115–334, title X, § 10108(a), Dec. 20, 2018, 132 Stat. 4906.)

CITE AS: 7 USC 2401

§ 2402. Right to plant variety protection; plant varieties protectable
(a) In generalThe breeder of any sexually reproduced, tuber propagated, or asexually reproduced plant variety (other than fungi or bacteria) who has so reproduced the variety, or the successor in interest of the breeder, shall be entitled to plant variety protection for the variety, subject to the conditions and requirements of this chapter, if the variety is—
(1) new, in the sense that, on the date of filing of the application for plant variety protection, propagating or harvested material of the variety has not been sold or otherwise disposed of to other persons, by or with the consent of the breeder, or the successor in interest of the breeder, for purposes of exploitation of the variety—
(A) in the United States, more than 1 year prior to the date of filing; or
(B) in any area outside of the United States—
(i) more than 4 years prior to the date of filing, except that in the case of a tuber propagated plant variety the Secretary may waive the 4-year limitation for a period ending 1 year after April 4, 1996; or
(ii) in the case of a tree or vine, more than 6 years prior to the date of filing;
(2) distinct, in the sense that the variety is clearly distinguishable from any other variety the existence of which is publicly known or a matter of common knowledge at the time of the filing of the application;
(3) uniform, in the sense that any variations are describable, predictable, and commercially acceptable; and
(4) stable, in the sense that the variety, when reproduced, will remain unchanged with regard to the essential and distinctive characteristics of the variety with a reasonable degree of reliability commensurate with that of varieties of the same category in which the same breeding method is employed.
(b) Multiple applicants
(1) In general
(2) Requirements completed on same date
(A) In general
(B) Varieties indistinguishable
(Pub. L. 91–577, title II, § 42, Dec. 24, 1970, 84 Stat. 1547; Pub. L. 103–349, § 3, Oct. 6, 1994, 108 Stat. 3138; Pub. L. 104–127, title IX, § 913(a), Apr. 4, 1996, 110 Stat. 1186; Pub. L. 115–334, title X, § 10108(b), Dec. 20, 2018, 132 Stat. 4906.)

CITE AS: 7 USC 2402

§ 2403. Reciprocity limits

Protection under this chapter may, by regulation, be limited to nationals of the United States, except where this limitation would violate a treaty and except that nationals of a foreign state in which they are domiciled shall be entitled to so much of the protection here afforded as is afforded by said foreign state to nationals of the United States for the same genus and species.

(Pub. L. 91–577, title II, § 43, Dec. 24, 1970, 84 Stat. 1547.)

CITE AS: 7 USC 2403

§ 2404. Public interest in wide usage

The Secretary may declare a protected variety open to use on a basis of equitable remuneration to the owner, not less than a reasonable royalty, when the Secretary determines that such declaration is necessary in order to insure an adequate supply of fiber, food, or feed in this country and that the owner is unwilling or unable to supply the public needs for the variety at a price which may reasonably be deemed fair. Such declaration may be, with or without limitation, with or without designation of what the remuneration is to be; and shall be subject to review as under section 2461 or 2462 of this title (any finding that the price is not reasonable being reviewable), and shall remain in effect not more than two years. In the event litigation is required to collect such remuneration, a higher rate may be allowed by the court.

(Pub. L. 91–577, title II, § 44, Dec. 24, 1970, 84 Stat. 1547; Pub. L. 103–349, § 13(f), Oct. 6, 1994, 108 Stat. 3143.)

CITE AS: 7 USC 2404