
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2501]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
  SUBCHAPTER II--PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF 
                               PROTECTION
 
      Part I--Reexamination After Issue, and Contested Proceedings
 
Sec. 2501. Reexamination after issue

    (a) Any person may, within five years after the issuance of a 
certificate of plant variety protection, notify the Secretary in writing 
of facts which may have a bearing on the protectability of the variety, 
and the Secretary may cause such plant variety protection to be 
reexamined in the light thereof.
    (b) Reexamination of plant variety protection under this section and 
appeals shall be pursuant to the same procedures and with the same 
rights as for original examinations. Abandonment of the procedure while 
subject to a ruling against the retention of the certificate shall 
result in cancellation of the plant variety certificate thereon and 
notice thereof shall be endorsed on copies of the description of the 
protected plant variety thereafter distributed by the Plant Variety 
Protection Office.
    (c) If a person acting under subsection (a) of this section makes a 
prima facie showing of facts needing proof, the Secretary may direct 
that the reexamination include such interparty proceedings as the 
Secretary shall establish.

(Pub. L. 91-577, title II, Sec. 91, Dec. 24, 1970, 84 Stat. 1552; Pub. 
L. 96-574, Sec. 17, Dec. 22, 1980, 94 Stat. 3351; Pub. L. 103-349, 
Sec. 13(o), Oct. 6, 1994, 108 Stat. 3144.)


                               Amendments

    1994--Subsec. (c). Pub. L. 103-349 substituted ``the Secretary'' for 
``he''.
    1980--Subsec. (b). Pub. L. 96-574 substituted ``description'' for 
``specification''.


                    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 2461, 2462 of this title.
