7 U.S.C. § 2461 — Appeals

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 Secretary shall seek the advice of the Plant Variety Protection Board on all ap- peals, before deciding the appeal. (Pub. L. 91–577, title II, § 63, Dec. 24, 1970, 84 Stat. 1550.) PART G—APPEALS TO COURTS AND OTHER REVIEW § 2461. Appeals From the decisions made under sections 2404, 2443, 2501, and 2568 of this title appeal may, with- in sixty days or such further times as the Sec- retary allows, be taken under the Federal Rules of Appellate Procedure. The United States Court of Appeals for the Federal Circuit shall have ju- risdiction of any such appeal. (Pub. L. 91–577, title II, § 71, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 97–164, title I, § 145, Apr. 2, 1982, 96 Stat. 45; Pub. L. 103–349, § 8(d)(1), Oct. 6, 1994, 108 Stat. 3141.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–349 struck out ‘‘2502,’’ after ‘‘2501,’’. 1982—Pub. L. 97–164 substituted ‘‘The United States Court of Appeals for the Federal Circuit shall have ju- risdiction of any such appeal’’ for ‘‘The Court of Cus- toms and Patent Appeals and United States Courts of Appeals shall have jurisdiction, with venue in the case of the latter as stated in section 2343 of title 28’’. 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. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 2462. Civil action against Secretary An applicant dissatisfied with a decision under section 2443 or 2501 of this title, may, as an al- ternative to appeal, have remedy by civil action against the Secretary in the United States Dis- trict Court for the District of Columbia. Such action shall be commenced within sixty days after such decision or within such further time as the Secretary allows. The court may, in the case of review of a decision by the Secretary re- fusing plant variety protection, adjudge that such applicant is entitled to receive a certificate of plant variety protection for the variety as specified in the application as the facts of the case may appear, on compliance with the re- quirements of this chapter. (Pub. L. 91–577, title II, § 72, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 103–349, § 13(k), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–349, which directed that the second sentence be amended by substituting ‘‘the variety as specified in the application’’ for ‘‘his variety as speci- fied in his application’’, was executed by making the substitution in the third sentence, to reflect the prob- able intent of Congress. 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. § 2463. Repealed. Pub. L. 103–349, § 8(c)(2), Oct. 6, 1994, 108 Stat. 3141 Section, Pub. L. 91–577, title II, § 73, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 103–349, § 8(c)(1), Oct. 6, 1994, 108 Stat. 3140, related to appeal or civil action in contested cases. Prior to repeal, subsec. (b) of this section was transferred to section 2504 of this title by Pub. L. 103–349, § 8(c)(1), Oct. 6, 1994, 108 Stat. 3140. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as an Effective Date of 1994 Amendment note under section 2401 of this title.