§ 2485. Correction of applicant’s mistake

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 § 85 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2485

   Pub. L. 91–577, title II, § 85, Dec. 24, 1970, 84 Stat. 1552

   Source evidence

   Code source credit
   Pub. L. 91–577, title II, § 85, Dec. 24, 1970, 84 Stat. 1552

   Enacted provision · exact public law section
   Sec. 85. Certificate of Correction of Applicant’s Mistake. Whenever a mistake of a clerical or typographical nature, or of minor character, or in the description of the variety, which was not the fault of the Plant Variety Protection Office, appears in a certificate of plant variety protection and a showing has been made that such mistake occurred in good faith, the Secretary may, upon payment of the required fee, issue a certificate of correction in the manner and with attachment of copies as in section 84, if the correction unquestionably could have been made before the certificate issued. Such certificate of plant variety protection shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form.

2. 1980

   Pub. L. 96–574 § 16 · 94 Stat. 3350

   Struck · 7 U.S.C. § 2485

   Pub. L. 96–574 struck out applicability of section 2484 of this title to manner and form of certificate, and reference to trials of actions thereafter arising with respect to effect and operation in law of certificate

   Source evidence

   Code amendment note
   Pub. L. 96–574 struck out applicability of section 2484 of this title to manner and form of certificate, and reference to trials of actions thereafter arising with respect to effect and operation in law of certificate.

   Enacted provision · exact public law section
   Sec. 16. Section 85 of such Act (7 U.S.C. 2485) is amended to read as follows: “Sec. 85. Correction of applicant’s mistake. “Whenever a mistake of a clerical or typographical nature, or of minor character, or in the description of the variety, which was not the fault of the Plant Variety Protection Office, appears in a certificate of plant variety protection and a showing has been made that such mistake occurred in good faith, the Secretary may, upon payment of the required fee, issue a corrected certificate if the correction could have been made before the certificate issued. Such certificate of plant variety protection shall have the same effect and operation in law as if the same had been originally issued in such corrected form.”.

2 of 2 references resolved to an enrolled provision