
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: 7USC2422]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
  SUBCHAPTER II--PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF 
                               PROTECTION
 
Part E--Applications; Form; Who May File; Relating Back; Confidentiality
 
Sec. 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.

(Pub. L. 91-577, title II, Sec. 52, Dec. 24, 1970, 84 Stat. 1548; Pub. 
L. 96-574, Sec. 11, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103-349, 
Sec. 4, Oct. 6, 1994, 108 Stat. 3139.)


                               Amendments

    1994--Par. (1). Pub. L. 103-349, Sec. 4(1), inserted at end ``The 
variety shall be named in accordance with regulations issued by the 
Secretary.''
    Par. (2). Pub. L. 103-349, Sec. 4(2), in first sentence substituted 
``distinctiveness, uniformity, and stability'' for ``novelty''.
    Par. (3). Pub. L. 103-349, Sec. 4(4), added par. (3). Former par. 
(3) redesignated (4).
    Par. (4). Pub. L. 103-349, Sec. 4(3), (5), redesignated par. (3) as 
(4) and inserted ``(including any propagating material)'' after ``basic 
seed''. Former par. (4) redesignated (5).
    Par. (5). Pub. L. 103-349, Sec. 4(3), redesignated par. (4) as (5).
    1980--Par. (3). Pub. L. 96-574 struck out provisions relating to 
adding of declaration by amendment.


                    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 2481, 2562 of this title.
