Title 7 — Agriculture
Part F · Chapter 57 — Plant Variety Protection
§ 2442. Notice of refusal; reconsideration
Statutory text
Whenever an application is refused, or any objection or requirement made by the examiner, the Secretary shall notify the applicant thereof, stating the reasons therefor, together with such information and references as may be useful in judging the propriety of continuing the prosecution of the application; and if after receiving such notice the applicant requests reconsideration, with or without amendment, the application shall be reconsidered.
For taking appropriate action after the mailing to an applicant of an action other than allowance, the applicant shall be allowed at least 30 days, and not more than 180 days, or such other time as the Secretary shall set in the refusal, or such time as the Secretary may allow as an extension. Without such extension, action may be taken up to three months late by paying an additional fee to be prescribed by the Secretary.
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.
Pub. L. 91–577 title II § 62 · 84 Stat. 1542
Enacted · 7 U.S.C. § 2442
Pub. L. 91–577, title II, § 62, Dec. 24, 1970, 84 Stat. 1549
Source evidence
Code source credit
Pub. L. 91–577, title II, § 62, Dec. 24, 1970, 84 Stat. 1549Enacted provision · exact public law section
Sec. 62. Notice of Refusal; Reconsideration. (a) Whenever an application is refused, or any objection or requirement made by the, examiner, the, Secretary shall notify the applicant thereof, stating the reasons therefor, together with such information and references as may be useful in judging the propriety of continuing the prosecution of the application; and if after receiving such notice the applicant, requests reconsideration, with or without amendment, the application shall be reconsidered. (b) For taking appropriate action after the mailing to him of an action other than allowance, an applicant shall be allowed six months, or such other time as the Secretary in exceptional circumstances shall set in the refusal, or such time as no may allow as an extension. Without such extension, action may be, taken up to three months late by paying an additional fee to be prescribed by the Secretary.Plant Variety Protection Act Amendments of 1994
Pub. L. 103–349 · 108 Stat. 3136
Substituted · 7 U.S.C. § 2442(b)
Pub. L. 103–349 in first sentence substituted “mailing to an applicant” for “mailing to him”
Substituted · 7 U.S.C. § 2442(b)
Pub. L. 103–349 in first sentence substituted “the applicant shall” for “an applicant shall”
Substituted · 7 U.S.C. § 2442(b)
Pub. L. 103–349 in first sentence substituted “at least 30 days, and not more than 180 days” for “six months”
Substituted · 7 U.S.C. § 2442(b)
Pub. L. 103–349 in first sentence substituted “the Secretary shall” for “the Secretary in exceptional circumstances shall”
Substituted · 7 U.S.C. § 2442(b)
Pub. L. 103–349 in first sentence substituted “as the Secretary may” for “as he may”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–349 in first sentence substituted “mailing to an applicant” for “mailing to him”, “the applicant shall” for “an applicant shall”, “at least 30 days, and not more than 180 days” for “six months”, “the Secretary shall” for “the Secretary in exceptional circumstances shall”, and “as the Secretary may” for “as he may”.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.
1 of 6 references resolved to an enrolled provision · 5 partial
Editorial Notes
Amendments
1994—Subsec. (b). Pub. L. 103–349 in first sentence substituted “mailing to an applicant” for “mailing to him”, “the applicant shall” for “an applicant shall”, “at least 30 days, and not more than 180 days” for “six months”, “the Secretary shall” for “the Secretary in exceptional circumstances shall”, and “as the Secretary may” for “as he may”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–349 effective 180 days after , see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
Credits
1970–1994 · 2 acts
- 1970Pub. L. 91–577, title II, § 62, , 84 Stat. 1549
- 1994Pub. L. 103–349, §§ 6, 13(j), , 108 Stat. 3140, 3143.
Show as published
(Pub. L. 91–577, title II, § 62, , 84 Stat. 1549; Pub. L. 103–349, §§ 6, 13(j), , 108 Stat. 3140, 3143.)