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7 U.S.C. § 2461 — Appeals
Federal law — U.S. Code and appendices · legal_authorities
From the decisions made under sections 2404, 2443, 2501, and 2568 of this title appeal may, within sixty days or such further times as the Secretary allows, be taken under the Federal Rules of Appellate Procedure. The United States Court of Appeals for the Federal Circuit shall have jurisdiction of any such appeal.
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Source location: Title 7, Chapter 57, § 2461; chapter-057-plant-variety-protection.md
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From the decisions made under sections 2404, 2443, 2501, and 2568 of this title appeal may, within sixty days or such further times as the Secretary allows, be taken under the Federal Rules of Appellate Procedure. The United States Court of Appeals for the Federal Circuit shall have jurisdiction of any such appeal.
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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
The venue of a proceeding under this chapter is in the judicial circuit in which the petitioner resides or has its principal office, or in the United States Court of Appeals for the District of Columbia Circuit.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1) of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court of the Northern Mariana Islands, in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection;
(2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on [section 1346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346&num=0&edition=prelim), except that jurisdiction of an appeal in a case brought in a district court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under section 1346(a)(2) when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue shall be governed by sections 1291, 1292, and 1294 of this title;
(3) of an appeal from a final decision of the United States Court of Federal Claims;
(4) of an appeal from a decision of—
(A) the Patent Trial and Appeal Board of the United States Patent and Trademark Office with respect to a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review under title 35, at the instance of a party who exercised that party’s right to participate in the applicable proceeding
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1295
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1541, acts June 25, 1948, ch. 646, 62 Stat. 942; June 2, 1970, Pub. L. 91–271, title I, § 102, 84 Stat. 274; July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(A), 93 Stat. 305; Oct. 10, 1980, Pub. L. 96–417, title IV, § 401(a), title V, § 501(23), (24), 94 Stat. 1740, 1742, gave the Court of Customs and Patent Appeals exclusive jurisdiction of appeals from all final decisions of the Court of International Trade and from interlocutory orders of the Court of International Trade granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions, and with discretion to entertain appeals from certain orders of the Court of International Trade. See [section 1295(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1295/a/5&num=0&edition=prelim).
Section 1542, acts June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 89(b), 63 Stat. 102, gave the Court of Customs and Patent Appeals jurisdiction of appeals from decisions of the Board of Appeals and the Board of Interference Examiners of the Patent Office as to patent applications and interferences, at the instance of an applicant for a patent or any party to a patent interference, with such appeal by an applicant to waive his right to proceed under [section 63 of Title 35](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section63&num=0&edition=prelim), and the Commissioner of Patents as to trademark applications and proceedings as provided in [section 1071 of Title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1071&num=0&edition=prelim). See [section 1295(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1541 to 1546
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 91–577, title III, § 143(c), Dec. 24, 1970, 84 Stat. 1559, gave the court of appeals nonexclusive jurisdiction to hear appeals under section 71 of the Plant Variety Protection Act ([7 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2461&num=0&edition=prelim)). See [section 1295(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1295/a/8&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under [section 171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section171&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2353
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each of the following acts, if performed in connection with the sale, offering for sale, or advertising of sexually or asexually reproducible plant material or tubers or parts of tubers, is prohibited, and the Secretary may, if the Secretary determines after an opportunity for hearing that the act is being so performed, issue an order to cease and desist, said order being binding unless appealed under [section 2461 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2461&num=0&edition=prelim):
(1) Use of the words “U.S. Protected Variety” or any word or number importing that the material is a variety protected under certificate, when it is not.
(2) Use of any wording importing that the material is a variety for which an application for plant variety protection is pending, when it is not.
(3) Use of either the phrase “Unauthorized Propagation Prohibited” or “Unauthorized Seed Multiplication Prohibited” or similar phrase without reasonable basis. Any reasonable basis expires one year after the first sale of the variety except as justified thereafter by a pending application or a certificate still in force.
(4) Failure to use the name of a variety for which a certificate of protection has been issued under this chapter, even after the expiration of the certificate, except that lawn, turf, or forage grass seed, or alfalfa or clover seed may be sold without a variety name unless use of the name of a variety for which a certificate of protection has been issued under this chapter is required under State law.
**(b)** Anyone convicted of violating a binding cease and desist order, or of performing any act prohibited in subsection (a) of this section for the purpose of deceiving the public, shall be fined not more than $10,000 a
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2568
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Federal law — U.S. Code and appendices · legal_authorities
Page 1504
TITLE 7—AGRICULTURE
§ 2443
the Secretary shall notify the applicant thereof,
stating the reasons therefor, together with such
information and references as may be useful in
judging the propriety of continuing the prosecu-
tion of the application; and if after receiving
such notice the applicant requests reconsider-
ation, with or without amendment, the applica-
tion shall be reconsidered.
(b) For taking appropriate action after the
mailing to an applicant of an action other than
allowance, the applicant shall be allowed at
least 30 days, and not more than 180 days, or
such other time as the Secretary shall set in the
refusal, or such time as the Secretary may allow
as an extension. Without such extension, action
may be taken up to three months late by paying
an additional fee to be prescribed by the Sec-
retary.
(Pub. L. 91–577, title II, § 62, Dec. 24, 1970, 84 Stat.
1549; Pub. L. 103–349, §§ 6, 13(j), Oct. 6, 1994, 108
Stat. 3140, 3143.)
Editorial Notes
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–349 in first sentence sub-
stituted ‘‘mailing to an applicant’’ for ‘‘mailing to
him’’, ‘‘the applicant shall’’ for ‘‘an applicant shall’’,
‘‘at least 30 days, and not more than 180 days’’ for ‘‘six
months’’, ‘‘the Secretary shall’’ for ‘‘the Secretary in
exceptional circumstances shall’’, and ‘‘as the Sec-
retary may’’ for ‘‘as he may’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–349 effective 180 days after
Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as
a note under section 2401 of this title.
§ 2443. Initial appeal
When an application for plant variety protec-
tion has been refused by the Plant Variety Pro-
tection Office, the applicant may appeal to the
Secretary. The
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2461
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