7 U.S.C. § 2501 — Reexamination after issue
submitted 56 years ago by Pub. L. 91-577 to r/title-7-AGRICULTURE · 160 words · no verdicts yet
Within five years after a plant-variety-protection certificate is issued, anyone may give the Secretary written facts relevant to whether the variety can be protected, and the Secretary may order a reexamination. The reexamination uses the original procedures and rights, with rules for cancellation, appeals, and possible proceedings between parties.
(a) Within five years after a plant-variety-protection certificate is issued, any person may notify the Secretary in writing of facts that may affect whether the variety is protectable. The Secretary may then have the protection reexamined in light of those facts.
(b) A reexamination and any appeal under this section must use the same procedures and provide the same rights as an original examination. If the procedure is abandoned while a ruling against keeping the certificate applies, the plant-variety certificate must be canceled. The Plant Variety Protection Office must endorse notice of the cancellation on copies of the protected variety’s description that it distributes afterward.
(c) If a person acting under subsection (a) makes a prima facie showing of facts that require proof, the Secretary may direct that the reexamination include proceedings between the parties under rules the Secretary establishes. This section does not define “prima facie.”
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.
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.
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.
Source credit: (Pub. L. 91–577, title II, § 91, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 96–574, § 17, Dec. 22, 1980, 94 Stat. 3351; Pub. L. 103–349, § 13(o), Oct. 6, 1994, 108 Stat. 3144.)
- 1970Enacted · Pub. L. 91-577 · 84 Stat. 1552
- 1980Amended · Pub. L. 96-574 · 94 Stat. 3351
- 1994Amended · Pub. L. 103-349 · 108 Stat. 3144
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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