§ 2402. Right to plant variety protection; plant varieties protectable

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Pub. L. 91–577 title II § 42 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2402

   Pub. L. 91–577, title II, § 42, Dec. 24, 1970, 84 Stat. 1547

   Source evidence

   Code source credit
   Pub. L. 91–577, title II, § 42, Dec. 24, 1970, 84 Stat. 1547

   Enacted provision · exact public law section
   Sec. 42. Right to Plant Variety Protection; Plant Varieties Protectable. (a) The breeder of any novel variety of sexually reproduced plant (other than fungi, bacteria, or first generation hybrids) who has so reproduced the variety, or his successor in interest, shall be entitled to plant variety protection therefor, subject to the conditions and requirements of this title unless one of the following bars exists: (1) Before the date of determination thereof by the breeder, or more than one year before the effective tiling date of the application therefor, the variety was (A) a public variety in this country, or (B) effectively available to workers in this country and adequately described by a publication reasonably deemed a part of the public technical knowledge in this country which description must include a disclosure of the principal characteristics by which the variety is distinguished. (2) An application for protection of the variety based on the same breeder’s acts, was filed in a foreign country by the owner or his privies more than one year before the effective filing date of the application filed in the United States. (3) Another is entitled to an earlier date of determination for the same variety and such other (A) has a certificate of plant variety protection hereunder or (B) has been engaged in a continuing program of development and testing to commercialization, or (C) has within six months after such earlier date of determination adequately described the variety by a publication reasonably deemed a part of the public technical knowledge in this country which description must include a disclosure of the principal characteristics by which the variety is distinguished. (b) The Secretary may, by regulation, extend for a reasonable period of time the one year time period provided in subsection (a) for filing applications, and may in that event provide for at least commensurate reduction of the term of protection.

2. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 3 · 108 Stat. 3136

   1. Amended · 7 U.S.C. § 2402

      Pub. L. 103–349 amended section generally

   2. Substituted · 7 U.S.C. § 2402

      Pub. L. 103–349 substituting present provisions for substantially similar former provisions

   Source evidence

   Code amendment note
   Pub. L. 103–349 amended section generally, substituting present provisions for substantially similar former provisions.

   Enacted provision · exact public law section
   SEC. 3. RIGHT TO PLANT VARIETY PROTECTION; PLANT VARIETIES PROTECTABLE. Section 42 (7 U.S.C. 2402) is amended to read as follows: “§42. 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 Act, if the variety “(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; 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 tor varieties that cannot be clearly distinguished from one another, but that fulfill all other requirements of subsection (a), the applicant who first complies with all requirements of this Act 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.”.

   Effective date note
   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.

3. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title IX § 913(a) · 110 Stat. 888

   Inserted · 7 U.S.C. § 2402(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (a) In General.— Section 42(a)(1)(B)(i) of the Plant Variety Protection Act (7 U.S.C. 2402(a)(1)(B)(i)) is amended by inserting after “filing” the following: “, 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 the date of enactment of the Federal Agriculture Improvement and Reform Act of 1996”.

4. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 title X § 10108(b) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 2402(a)

   Pub. L. 115–334 substituted “, tuber propagated, or asexually reproduced” for “or tuber propagated” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–334 substituted “, tuber propagated, or asexually reproduced” for “or tuber propagated” in introductory provisions.

   Enacted provision · exact public law section
   (b) Right to Plant Variety Protection; Plant Varieties Protectable.— Section 42(a) of the Plant Variety Protection Act (7 U.S.C. 2402(a)) is amended by striking “or tuber propagated” and inserting “, tuber propagated, or asexually reproduced”.

5 of 5 references resolved to an enrolled provision