§ 2425. Benefit of earlier filing date

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 § 55 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2425

   Pub. L. 91–577, title II, § 55, Dec. 24, 1970, 84 Stat. 1548

   Source evidence

   Code source credit
   Pub. L. 91–577, title II, § 55, Dec. 24, 1970, 84 Stat. 1548

   Enacted provision · exact public law section
   Sec. 55. Benefit of Earlier Filing Date. (a) An application for a certificate of plant variety protection filed in this country based on the same variety, and on rights derived from the same breeder, on which there has previously been filed an application for plant variety protection in a foreign country which affords similar privileges in the case of applications filed in the United States by nationals of the United States, shall have the same effect as the same application would have if tiled in the United States on the date on which the application for plant variety protection for the same variety was first filed in such foreign country, if the application in this country is filed within twelve months from the earliest date on which such foreign application was filed. No application shall be entitled to a right of priority under this section, unless the applicant designates the foreign application in his application or by amendment thereto and, if required by the Secretary, furnishes such copy, translation or both, as the Secretary may specify. (b) An application for a certificate of plant variety protection for the same variety as was the subject of an application previously filed in the United States by or on behalf of the same person, or by his predecessor in title, shall have the same effect as to such variety as though tiled on the date of the prior application if filed before the issuance of the certificate or other termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application. (c) A later application shall not by itself establish that a characteristic newly described was in the variety at the time of the earlier application.

2. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 5(1) · 108 Stat. 3136

   Amended · 7 U.S.C. § 2425(a)

   Pub. L. 103–349, § 5(1), designated first sentence as par. (1) and second sentence as par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–349, § 5(1), designated first sentence as par. (1) and second sentence as par. (2).

   Enacted provision · exact public law section
   (1) by redesignating the first and second sentences as paragraphs (1) and (2), 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.

3. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 5(2) · 108 Stat. 3136

   Inserted · 7 U.S.C. § 2425(a)(1)

   Pub. L. 103–349, § 5(2), inserted before period at end “, not including the date on which the application is filed in the foreign country”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–349, § 5(2), inserted before period at end “, not including the date on which the application is filed in the foreign country”.

   Enacted provision · exact public law section
   (2) in paragraph (1) (as so designated), by inserting before the period at the end the following: “, not including the date on which the application is filed in the foreign country”; 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.

4. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 13(i)(1) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2425(a)(2)

   Pub. L. 103–349, § 13(i)(1), substituted “in the application filed in the United States” for “in his application”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 103–349, § 13(i)(1), substituted “in the application filed in the United States” for “in his application”.

   Enacted provision · exact public law section
   (1) in subsection (a)(2) (as redesignated by section 5(1)), by striking “his application” and inserting “the application filed in the United States”; 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.

5. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 5(3) · 108 Stat. 3136

   Added · 7 U.S.C. § 2425(a)(3)

   Pub. L. 103–349, § 5(3), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 103–349, § 5(3), added par. (3).

   Enacted provision · exact public law section
   (3) by adding at the end the following new paragraph: “(3) (A) An applicant entitled to a right of priority under this subsection shall be allowed to furnish any necessary information, document, or material required for the purpose of the examination of the application during— “(i) the 2-year period beginning on the date of the expiration of the period of priority; or “(ii) if the first application is rejected or withdrawn, an appropriate period after the rejection or withdrawal, to be determined by the Secretary. “(B) An event occurring within the period of priority (such as the filing of another application or use of the variety that is the subject of the first application) shall not constitute a ground for rejecting the application or give rise to any third party right.”.

   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 § 13(i)(2) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2425(b)

   Pub. L. 103–349, § 13(i)(2), substituted “the predecessor in title of the person” for “his predecessor in title”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–349, § 13(i)(2), substituted “the predecessor in title of the person” for “his predecessor in title”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “his predecessor in title” and inserting “the predecessor in title of the person”.

   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 of 6 references resolved to an enrolled provision