§ 2422. Content of application

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 § 52 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2422

   Pub. L. 91–577, title II, § 52, Dec. 24, 1970, 84 Stat. 1548

   Source evidence

   Code source credit
   Pub. L. 91–577, title II, § 52, Dec. 24, 1970, 84 Stat. 1548

   Enacted provision · exact public law section
   Sec. 52. 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. (2) A description of the variety setting forth its novelty 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 declaration that a viable sample of basic seed necessary for propagation of the variety will be deposited and replenished periodically in a public repository in accordance with regulations to be established hereunder. This declaration may be added by amendment. (4) A statement of the basis of applicant’s ownership.

2. 1980

   Pub. L. 96–574 § 11 · 94 Stat. 3350

   Struck · 7 U.S.C. § 2422(3)

   Pub. L. 96–574 struck out provisions relating to adding of declaration by amendment

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 96–574 struck out provisions relating to adding of declaration by amendment.

   Enacted provision · exact public law section
   Sec. 11. Section 52(3) of such Act (7 U.S.C. 2422(3)) is amended by striking out the last sentence.

3. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 4(1) · 108 Stat. 3136

   Inserted · 7 U.S.C. § 2422(1)

   Pub. L. 103–349, § 4(1), inserted at end “The variety shall be named in accordance with regulations issued by the Secretary.”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 103–349, § 4(1), inserted at end “The variety shall be named in accordance with regulations issued by the Secretary.”

   Enacted provision · exact public law section
   (1) in paragraph (1), by adding at the end the following new sentence: “The variety shall be named in accordance with regulations issued by the Secretary.”;

   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.

4. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 4(2) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2422(2)

   Pub. L. 103–349, § 4(2), in first sentence substituted “distinctiveness, uniformity, and stability” for “novelty”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 103–349, § 4(2), in first sentence substituted “distinctiveness, uniformity, and stability” for “novelty”.

   Enacted provision · exact public law section
   (2) in the first sentence of paragraph (2), by striking “novelty” and inserting “distinctiveness, uniformity, and stability”;

   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.

5. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 4(4) · 108 Stat. 3136

   Redesignated · 7 U.S.C. § 2422(3)

   Pub. L. 103–349, § 4(4), added par. (3). Former par. (3) redesignated (4)

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 103–349, § 4(4), added par. (3). Former par. (3) redesignated (4).

   Enacted provision · exact public law section
   (4) by inserting after paragraph (2) the following new paragraph: “(3) A statement of the basis of the claim of the applicant that the variety is new.”; and

   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.

6. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 4(3) · 108 Stat. 3136

   1. Redesignated · 7 U.S.C. § 2422(4)

      Pub. L. 103–349, § 4(3), (5), redesignated par. (3) as (4)

   2. Redesignated · 7 U.S.C. § 2422(4)

      Pub. L. 103–349, § 4(3), (5), inserted “(including any propagating material)” after “basic seed”. Former par. (4) redesignated (5)

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 103–349, § 4(3), (5), redesignated par. (3) as (4) and inserted “(including any propagating material)” after “basic seed”. Former par. (4) redesignated (5).

   Enacted provision · exact public law section
   (3) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

   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.

7. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 4(3) · 108 Stat. 3136

   Redesignated · 7 U.S.C. § 2422(5)

   Pub. L. 103–349, § 4(3), redesignated par. (4) as (5)

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 103–349, § 4(3), redesignated par. (4) as (5).

   Enacted provision · exact public law section
   (3) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

   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.

8 of 8 references resolved to an enrolled provision