
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2402]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
  SUBCHAPTER II--PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF 
                               PROTECTION
 
                Part D--Protectability of Plant Varieties
 
Sec. 2402. Right to plant variety protection; plant varieties 
        protectable
        

(a) In general

    The breeder of any sexually reproduced or tuber propagated 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 general

        If 2 or more applicants submit applications on the same 
    effective filing date for varieties that cannot be clearly 
    distinguished from one another, but that fulfill all other 
    requirements of subsection (a) of this section, the applicant who 
    first complies with all requirements of this chapter shall be 
    entitled to a certificate of plant variety protection, to the 
    exclusion of any other applicant.

               (2) Requirements completed on same date

        (A) In general

            Except as provided in subparagraph (B), if 2 or more 
        applicants comply with all requirements for protection on the 
        same date, a certificate shall be issued for each variety.

        (B) Varieties indistinguishable

            If the varieties that are the subject of the applications 
        cannot be distinguished in any manner, a single certificate 
        shall be issued jointly to the applicants.

(Pub. L. 91-577, title II, Sec. 42, Dec. 24, 1970, 84 Stat. 1547; Pub. 
L. 103-349, Sec. 3, Oct. 6, 1994, 108 Stat. 3138; Pub. L. 104-127, title 
IX, Sec. 913(a), Apr. 4, 1996, 110 Stat. 1186.)


                               Amendments

    1996--Subsec. (a)(1)(B)(i). Pub. L. 104-127 inserted ``, 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'' 
after ``filing''.
    1994--Pub. L. 103-349 amended section generally, substituting 
present provisions for substantially similar former provisions.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2483, 2562 of this title.
