§ 2483. Contents and term of plant variety protection

Footnotes

1. 1 So in original. The comma probably should not appear.

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 § 83 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2483

   Pub. L. 91–577, title II, § 83, Dec. 24, 1970, 84 Stat. 1551

   Source evidence

   Code source credit
   Pub. L. 91–577, title II, § 83, Dec. 24, 1970, 84 Stat. 1551

   Enacted provision · exact public law section
   Sec. 83. Contents and Term of Plant Variety Protection. (a) Every certificate of plant variety protection shall certify that the breeder (or his successor in interest) his heirs or assignees, has the right, during the term of the plant variety protection, to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing (as distinguished from developing) a hybrid or different variety therefrom, to the extent provided by this Act, If the owner so elects, the certificate shall also specify that in the United States, seed of the variety shall be sold by variety name only as a class of certified seed and, if specified, shall also conform to the number of generations designated by the owner. Any rights, or all rights except those elected under the preceding sentence, may be waived; and the certificate shall conform to such waiver. The Secretary may at his discretion permit such election or waiver to be made after certificating and amend the certificate accordingly, without retroactive effect. (b) The term of plant variety protection shall expire seventeen years Expiration date. from the date of issue of the certificate in the United States. If the certificate is not issued within three years from the effective filing date, the Secretary may shorten the term by the amount of delay in the prosecution of the application attributed by the Secretary to the applicant. (c) The term of plant variety protection shall also expire if the owner fails to comply with regulations, in force at the time of certificating, relating to replenishing seed in a public repository: Provided, however, That this expiration shall not occur unless notice is mailed to the last owner recorded as provided in section 101(d) and he fails, within the time allowed thereafter, not less than three months, to comply with said regulations, paying an additional fee to be prescribed by the Secretary.

2. 1980

   Pub. L. 96–574 § 14 · 94 Stat. 3350

   Substituted · 7 U.S.C. § 2483(b)

   Pub. L. 96–574 substituted “eighteen” for “seventeen”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–574 substituted “eighteen” for “seventeen”.

   Enacted provision · exact public law section
   Sec. 14. Section 83(b) of such Act (7 U.S.C. 2483) is amended by striking out “seventeen years” in the first sentence and inserting in lieu thereof “eighteen years”.

3. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 7(1)(A) · 108 Stat. 3136

   Amended · 7 U.S.C. § 2483(a)

   Pub. L. 103–349, § 7(1)(A), designated first through fourth sentences as pars. (1) to (4), respectively

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–349, § 7(1)(A), designated first through fourth sentences as pars. (1) to (4), respectively.

   Enacted provision · exact public law section
   (A) by designating the first through fourth sentences as paragraphs (1) through (4), respectively; 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(m)(1)(A) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2483(a)(1)

   Pub. L. 103–349, § 13(m)(1)(A), which directed the substitution of “(or the successor in interest of the breeder)” for “(or his successor in interest) his heirs and assignees”, was executed by making the substitution for “(or his successor in interest) his heirs or assignees”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–349, § 13(m)(1)(A), which directed the substitution of “(or the successor in interest of the breeder)” for “(or his successor in interest) his heirs and assignees”, was executed by making the substitution for “(or his successor in interest) his heirs or assignees”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “(or his successor in interest) his heirs and assignees” and inserting “(or the successor in interest of the breeder)”; 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 § 7(1)(B) · 108 Stat. 3136

   1. Added · 7 U.S.C. § 2483(a)(2); 7 U.S.C. § 2483(a)(3)

      Pub. L. 103–349, § 7(1)(B), added pars. (2) and (3)

   2. Struck · 7 U.S.C. § 2483(a)(2); 7 U.S.C. § 2483(a)(3)

      Pub. L. 103–349, § 7(1)(B), struck out former pars. (2) and (3) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). Pub. L. 103–349, § 7(1)(B), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

   “(2) If the owner so elects, the certificate shall also specify that in the United States, seed of the variety shall be sold by variety name only as a class of certified seed and, if specified, shall also conform to the number of generations designated by the owner. “(3) Any rights, or all rights except those elected under the preceding sentence, may be waived; and the certificate shall conform to such waiver.”

   Enacted provision · exact public law section
   (B) by striking paragraphs (2) and (3) (as so designated) and inserting the following new paragraphs: “(2) If the owner so elects, the certificate shall— “(A) specify that seed of the variety shall be sold in the United States only as a class of certified seed; and “(B) if so specified, conform to the number of generations designated by the owner. “(3) An owner may waive a right provided under this subsection, other than a right that is elected by the owner under paragraph (2)(A).”;

   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(m)(1)(B) · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2483(a)(4)

   Pub. L. 103–349, § 13(m)(1)(B), substituted “the discretion of the Secretary” for “his discretion”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 103–349, § 13(m)(1)(B), substituted “the discretion of the Secretary” for “his discretion”.

   Enacted provision · exact public law section
   (B) in paragraph (4), by striking “his discretion” and inserting “the discretion of the Secretary”; 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.

7. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 7(2) · 108 Stat. 3136

   1. Substituted · 7 U.S.C. § 2483(b)

      Pub. L. 103–349, § 7(2), in first sentence substituted “20 years” for “eighteen years”

   2. Inserted · 7 U.S.C. § 2483(b)

      Pub. L. 103–349, § 7(2), in first sentence inserted before period at end “, except that, in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–349, § 7(2), in first sentence substituted “20 years” for “eighteen years” and inserted before period at end “, except that, in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate”.

   Enacted provision · exact public law section
   (2) in the first sentence of subsection (b)— (A) by striking “eighteen” and inserting “20”; and (B) by inserting before the period at the end the following: “, except that, in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate”; 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.

8. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 · 108 Stat. 3136

   1. Substituted · 7 U.S.C. § 2483(c)

      Pub. L. 103–349, §§ 7(3), 13(m)(2), substituted “repository, or requiring the submission of a different name for the variety, except that” for “repository: Provided, however, That” before “fails”

   2. Substituted · 7 U.S.C. § 2483(c)

      Pub. L. 103–349, §§ 7(3), 13(m)(2), substituted “the last owner” for “he” before “fails”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–349, §§ 7(3), 13(m)(2), substituted “repository, or requiring the submission of a different name for the variety, except that” for “repository: Provided, however, That” and “the last owner” for “he” before “fails”.

   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.

9. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 913(b)(1) · 110 Stat. 888

   1. Inserted · 7 U.S.C. § 2483(b)

      Pub. L. 104–127, § 913(b)(1), (2), inserted heading

   2. Amended · 7 U.S.C. § 2483(b)

      Pub. L. 104–127, § 913(b)(1), (2), designated first sentence as par. (1)

   3. Inserted · 7 U.S.C. § 2483(b)

      Pub. L. 104–127, § 913(b)(1), (2), inserted par. heading

   4. Substituted · 7 U.S.C. § 2483(b)

      Pub. L. 104–127, § 913(b)(1), (2), substituted “Except as provided in paragraph (2), the term” for “The term”

   5. Amended · 7 U.S.C. § 2483(b)

      Pub. L. 104–127, § 913(b)(1), (2), designated second sentence as par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–127, § 913(b)(1), (2), inserted heading, designated first sentence as par. (1), inserted par. heading, substituted “Except as provided in paragraph (2), the term” for “The term”, designated second sentence as par. (2), and inserted par. heading.

   Enacted provision · exact public law section
   (1) by striking “(b) The term” and inserting the following: “(b) Term.— “(1) In general.— Except as provided in paragraph (2), the term”;

10. 1996

    Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 913(b)(3) · 110 Stat. 888

    Struck and inserted · 7 U.S.C. § 2483(b)(1)

    Pub. L. 104–127, § 913(b)(3), which directed the amendment of par. (2) by striking out “except that, in the case” and inserting “except that—”, subpar. (A), and “(B) in the case”, was executed to par. (1) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 104–127, § 913(b)(3), which directed the amendment of par. (2) by striking out “except that, in the case” and inserting “except that—”, subpar. (A), and “(B) in the case”, was executed to par. (1) to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (3) in paragraph (2) (as so designated), by striking “except that, in the case” and inserting the following: “except that— “(A) in the case of a tuber propagated plant variety subject to a waiver granted under section 42(a)(1)(B)(i), the term of the plant variety protection shall expire 20 years after the date of the original grant of the plant breeder’s rights to the variety outside the United States; and “(B) in the case”.

15 of 17 references resolved to an enrolled provision · 2 partial