7 U.S.C. § 2422 — Content of application
submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 241 words · no verdicts yet
An application for plant-variety protection must identify and describe the variety and explain why it is new and why the applicant owns it. It must also promise that a viable propagation sample will be deposited and replenished in a public repository.
An application for a certificate recognizing plant-variety rights must contain: (1) the variety’s name, although a temporary designation is enough until the certificate is issued; the name must follow the Secretary’s regulations; (2) a description showing the variety’s distinctiveness, uniformity, and stability, and, when known, its genealogy and breeding process. If the description is inadequate or not as complete as reasonably possible, the Secretary may require more information, including adequate photographs, drawings, plant specimens, ownership records or proof, and proof of allegations in the application. Before the certificate is issued, the applicant may add to or correct the description by showing, in a way acceptable to the Secretary, that the revised description was accurate retroactively. Courts must protect others from resulting injustice. When applicable, the Secretary may accept breeder* records and records of an official United States seed-certifying agency as evidence of stability; (3) the basis for the applicant’s claim that the variety is new; (4) a declaration that a viable sample of basic seed*, including propagating material needed to reproduce the variety, will be deposited and periodically replenished in a public repository under regulations issued under this law; and (5) the basis for the applicant’s ownership.
An application for a certificate recognizing plant variety rights shall contain:
The name of the variety except that a temporary designation will suffice until the certificate is to be issued. The variety shall be named in accordance with regulations issued by the Secretary.
A description of the variety setting forth its distinctiveness, uniformity, and stability and a description of the genealogy and breeding procedure, when known. The Secretary may require amplification, including the submission of adequate photographs or drawings or plant specimens, if the description is not adequate or as complete as is reasonably possible, and submission of records or proof of ownership or of allegations made in the application. An applicant may add to or correct the description at any time, before the certificate is issued, upon a showing acceptable to the Secretary that the revised description is retroactively accurate. Courts shall protect others from any injustice which would result. The Secretary may accept records of the breeder* and of any official seed certifying agency in this country as evidence of stability where applicable.
A statement of the basis of the claim of the applicant that the variety is new.
A declaration that a viable sample of basic seed* (including any propagating material) necessary for propagation of the variety will be deposited and replenished periodically in a public repository in accordance with regulations to be established hereunder.
A statement of the basis of applicant’s ownership.
Source credit: (Pub. L. 91–577, title II, § 52, Dec. 24, 1970, 84 Stat. 1548; Pub. L. 96–574, § 11, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103–349, § 4, Oct. 6, 1994, 108 Stat. 3139.)
- 1970Enacted · Pub. L. 91-577 · 84 Stat. 1548
- 1980Amended · Pub. L. 96-574 · 94 Stat. 3350
- 1994Amended · Pub. L. 103-349 · 108 Stat. 3139
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-577 on 1970-12-24.
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