1. U.S. Code
  2. title 7
  3. chapter 57
  4. subchapter II
  5. part H
  6. § 2486

Collapse to view only § 2486. Correction of named breeder

§ 2481. Plant variety protection
(a) If it appears that a certificate of plant variety protection should be issued on an application, a written notice of allowance shall be given or mailed to the owner. The notice shall specify the sum, constituting the issue fee, which shall be paid within one month thereafter.
(b) Upon timely payment of this sum, and provided that deposit of seed has been made in accordance with section 2422(3) 1
1 See References in Text note below.
of this title, the certificate of plant variety protection shall issue.
(c) If any payment required by this section is not timely made, but is submitted with an additional fee prescribed by the Secretary within nine months after the due date or within such further time as the Secretary may allow, it shall be accepted.
(Pub. L. 91–577, title II, § 81, Dec. 24, 1970, 84 Stat. 1551.)

CITE AS: 7 USC 2481

§ 2482. How issued

A certificate of plant variety protection shall be issued in the name of the United States of America under the seal of the Plant Variety Protection Office, and shall be signed by the Secretary or have the signature of the Secretary placed thereon, and shall be recorded in the Plant Variety Protection Office.

(Pub. L. 91–577, title II, § 82, Dec. 24, 1970, 84 Stat. 1551; Pub. L. 103–349, § 13(l), Oct. 6, 1994, 108 Stat. 3143.)

CITE AS: 7 USC 2482

§ 2483. Contents and term of plant variety protection
(a) Certificate
(1) Every certificate of plant variety protection shall certify that the breeder (or the successor in interest of the breeder),1
1 So in original. The comma probably should not appear.
has the right, during the term of the plant variety protection, to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing (as distinguished from developing) a hybrid or different variety therefrom, to the extent provided by this chapter.
(2) If the owner so elects, the certificate shall—
(A) specify that seed of the variety shall be sold in the United States only as a class of certified seed; and
(B) if so specified, conform to the number of generations designated by the owner.
(3) An owner may waive a right provided under this subsection, other than a right that is elected by the owner under paragraph (2)(A).
(4) The Secretary may at the discretion of the Secretary permit such election or waiver to be made after certificating and amend the certificate accordingly, without retroactive effect.
(b) Term
(1) In generalExcept as provided in paragraph (2), the term of plant variety protection shall expire 20 years from the date of issue of the certificate in the United States, except that—
(A) in the case of a tuber propagated plant variety subject to a waiver granted under section 2402(a)(1)(B)(i) of this title, the term of the plant variety protection shall expire 20 years after the date of the original grant of the plant breeder’s rights to the variety outside the United States; and
(B) in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate.
(2) Exceptions
(c) Expiration upon failure to comply with regulations; notice
(Pub. L. 91–577, title II, § 83, Dec. 24, 1970, 84 Stat. 1551; Pub. L. 96–574, § 14, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103–349, §§ 7, 13(m), Oct. 6, 1994, 108 Stat. 3140, 3143; Pub. L. 104–127, title IX, § 913(b), Apr. 4, 1996, 110 Stat. 1186.)

CITE AS: 7 USC 2483

§ 2484. Correction of Plant Variety Protection Office mistake

Whenever a mistake in a certificate of plant variety protection incurred through the fault of the Plant Variety Protection Office is clearly disclosed by the records of the Office, the Secretary may issue, without charge, a corrected certificate of plant variety protection, stating the fact and nature of such mistake. Such certificate of plant variety protection shall have the same effect and operation in law as if the same had been originally issued in such corrected form.

(Pub. L. 91–577, title II, § 84, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 96–574, § 15, Dec. 22, 1980, 94 Stat. 3350.)

CITE AS: 7 USC 2484

§ 2485. Correction of applicant’s mistake

Whenever a mistake of a clerical or typographical nature, or of minor character, or in the description of the variety, which was not the fault of the Plant Variety Protection Office, appears in a certificate of plant variety protection and a showing has been made that such mistake occurred in good faith, the Secretary may, upon payment of the required fee, issue a corrected certificate if the correction could have been made before the certificate issued. Such certificate of plant variety protection shall have the same effect and operation in law as if the same had been originally issued in such corrected form.

(Pub. L. 91–577, title II, § 85, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 96–574, § 16, Dec. 22, 1980, 94 Stat. 3351.)

CITE AS: 7 USC 2485

§ 2486. Correction of named breeder

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.

(Pub. L. 91–577, title II, § 86, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 103–349, § 13(n), Oct. 6, 1994, 108 Stat. 3143.)

CITE AS: 7 USC 2486