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7 U.S.C. § 2562 — Presumption of validity; defenses

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2562 — Presumption of validity; defenses

**(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.

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Source file: Laws/federal/codes/united-states-code/title-7/section-2562-presumption-of-validity-defenses--e450822b66.md
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Source location: Title 7, Chapter 57, § 2562; chapter-057-plant-variety-protection.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 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 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

7 U.S.C. § 2402 — Right to plant variety protection; plant varieties protectable

**(a) In general** The breeder of any sexually reproduced, tuber propagated, or asexually reproduced plant variety (other than fungi or bacteria) who has so reproduced the variety, or the successor in interest of the breeder, shall be entitled to plant variety protection for the variety, subject to the conditions and requirements of this chapter, if the variety is— (1) new, in the sense that, on the date of filing of the application for plant variety protection, propagating or harvested material of the variety has not been sold or otherwise disposed of to other persons, by or with the consent of the breeder, or the successor in interest of the breeder, for purposes of exploitation of the variety— (A) in the United States, more than 1 year prior to the date of filing; or (B) in any area outside of the United States— (i) more than 4 years prior to the date of filing, except that in the case of a tuber propagated plant variety the Secretary may waive the 4-year limitation for a period ending 1 year after April 4, 1996; or (ii) in the case of a tree or vine, more than 6 years prior to the date of filing; (2) distinct, in the sense that the variety is clearly distinguishable from any other variety the existence of which is publicly known or a matter of common knowledge at the time of the filing of the application; (3) uniform, in the sense that any variations are describable, predictable, and commercially acceptable; and (4) stable, in the sense that the variety, when reproduced, will remain unchanged with regard to the essential and distinctive characteristics of the variety with a reasonable degree of reliability commensurate with that of varieties of the same category in which the same breeding method is employed. **(b) Multiple applicants** (1) **In

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2562 — Presumption of validity; defenses

Page 1510 TITLE 7—AGRICULTURE § 2544 infringe any right hereunder for a person to save seed produced by the person from seed obtained, or descended from seed obtained, by authority of the owner of the variety for seeding purposes and use such saved seed in the production of a crop for use on the farm of the person, or for sale as provided in this section. A bona fide sale for other than reproductive purposes, made in channels usual for such other purposes, of seed produced on a farm either from seed obtained by authority of the owner for seeding purposes or from seed produced by descent on such farm from seed obtained by authority of the owner for seeding purposes shall not constitute an in- fringement. A purchaser who diverts seed from such channels to seeding purposes shall be deemed to have notice under section 2567 of this title that the actions of the purchaser con- stitute an infringement. (Pub. L. 91–577, title III, § 113, Dec. 24, 1970, 84 Stat. 1555; Pub. L. 103–349, §§ 10, 13(s), Oct. 6, 1994, 108 Stat. 3142, 3144.) Editorial Notes REFERENCES IN TEXT Subsections (3) and (4) of section 2541 of this title, re- ferred to in text, probably means paragraphs (3) and (4) of section 2541 of this title, which were redesignated subsection (a)(3) and (4) of section 2541 of this title by Pub. L. 102–560, § 3(a), Oct. 28, 1992, 106 Stat. 4231. AMENDMENTS 1994—Pub. L. 103–349, §§ 10, 13(s)(1), in first sentence substituted ‘‘produced by the person’’ for ‘‘produced by him’’, ‘‘the farm of the person’’ for ‘‘his farm’’, and ‘‘section.’’ for ‘‘section: Provided, That without regard to the provisions of section 2541(3) of this title it shall not infringe any right hereunder for a person, whose primary farming occupation is the growing of crops fo

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