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7 U.S.C. § 2422 — Content of application
Federal law — U.S. Code and appendices · legal_authorities
An application for a certificate recognizing plant variety rights shall contain:
(1) 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.
(2) 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.
(3) A statement of the basis of the claim of the applicant that the variety is new.
(4) 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.
(5) A statement of the basis of applicant’s ownership.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2422
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Stable record: federal_law:legal_authorities:record_usc_18547babd8ef7814d43438c3
Source file: Laws/federal/codes/united-states-code/title-7/section-2422-content-of-application--3361dc1731.md
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Passage SHA-256: 420e776f3fbfbcc35d9609c73fd386389c0476f2cb30ffbd1bcb505425c250ab
Source location: Title 7, Chapter 57, § 2422; chapter-057-plant-variety-protection.md
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An application for a certificate recognizing plant variety rights shall contain:
(1) 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.
(2) 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.
(3) A statement of the basis of the claim of the applicant that the variety is new.
(4) 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.
(5) A statement of the basis of applicant’s ownership.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this chapter:
(1) **Asexually reproduced** — The term “asexually reproduced” means produced by a method of plant propagation using vegetative material (other than seed) from a single parent, including cuttings, grafting, tissue culture, and propagation by root division.
(2) **Basic seed** — The term “basic seed” means the seed planted to produce certified or commercial seed.
(3) **Breeder** — The term “breeder” means the person who directs the final breeding creating a variety or who discovers and develops a variety. If the actions are conducted by an agent on behalf of a principal, the principal, rather than the agent, shall be considered the breeder. The term does not include a person who redevelops or rediscovers a variety the existence of which is publicly known or a matter of common knowledge.
(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* — An essentially derived variety may be obtained by the selection of a natural or induced mutant or of a somaclonal variant, the selection of a variant individual from plants of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2401
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Certificates of plant variety protection shall be presumed valid. The burden of establishing invalidity of a plant variety protection shall rest on the party asserting invalidity.
**(b)** The following shall be defenses in any action charging infringement and shall be pleaded: (1) noninfringement, absence of liability for infringement, or unenforceability; (2) invalidity of the plant variety protection in suit on any ground specified in [section 2402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2402&num=0&edition=prelim) as a condition for protectability; (3) invalidity of the plant variety protection in suit for failure to comply with any requirement of [section 2422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2422&num=0&edition=prelim); (4) that the asserted infringement was performed under an existing certificate adverse to that asserted and prior to notice of the infringement; and (5) any other fact or act made a defense by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2562
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Federal law — U.S. Code and appendices · legal_authorities
Page 1502
TITLE 7—AGRICULTURE
§ 2421
PART E—APPLICATIONS; FORM; WHO MAY FILE;
RELATING BACK; CONFIDENTIALITY
§ 2421. Application for recognition of plant vari-
ety rights
(a) An application for a certificate of Plant
Variety Protection may be filed by the owner of
the variety sought to be protected. The applica-
tion shall be made in writing to the Secretary,
shall be signed by or on behalf of the applicant,
and shall be accompanied by the prescribed fee.
(b) An error as to the naming of the breeder,
without deceptive intent, may be corrected at
any time, in accordance with regulations estab-
lished by the Secretary.
(Pub. L. 91–577, title II, § 51, Dec. 24, 1970, 84 Stat.
1548.)
§ 2422. Content of application
An application for a certificate recognizing
plant variety rights shall contain:
(1) 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.
(2) A description of the variety setting forth
its distinctiveness, uniformity, and stability
and a description of the genealogy and breed-
ing procedure, when known. The Secretary
may require amplification, including the sub-
mission of adequate photographs or drawings
or plant specimens, if the description is not
adequate or as complete as is reasonably pos-
sible, and submission of records or proof of
ownership or of allegations made in the appli-
cation. 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 retro-
actively accurate. Courts shall protect others
from any injustice which would result. The
Secretary may accept records of the
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2422
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.