§ 2501. Reexamination after issue

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 § 91 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2501

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

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 91. Reexamination After Issue. (a) Any person may, within five years after the issuance of a certificate of plant variety protection, notify the Secretary in writing of facts which may have a bearing on the protectability of the variety, and the Secretary may cause such plant variety protection to be reexamined in the light thereof. (b) Reexamination of plant variety protection under this section and appeals shall be pursuant to the same procedures and with the same rights as for original examinations. Abandonment of the procedure while subject to a ruling against the retention of the certificate shall result in cancellation of the plant variety certificate thereon and notice thereof shall be endorsed on copies of the specification of the protected plant variety thereafter distributed by the Plant Variety Protection Office. (c) If a person acting under subsection (a) makes a prima facie showing of facts needing proof, the Secretary may direct that the reexamination include such interparty proceedings as he shall establish.

2. 1980

   Pub. L. 96–574 § 17 · 94 Stat. 3350

   Substituted · 7 U.S.C. § 2501(b)

   Pub. L. 96–574 substituted “description” for “specification”

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 17. Section 91(b) of such Act (7 U.S.C. 2501(b)) is amended by striking out “specification” in the second sentence and inserting in lieu thereof “description”.

3. 1994

   Plant Variety Protection Act Amendments of 1994

   Pub. L. 103–349 § 13 · 108 Stat. 3136

   Substituted · 7 U.S.C. § 2501(c)

   Pub. L. 103–349 substituted “the Secretary” for “he”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–349 substituted “the Secretary” for “he”.

   Enacted provision · exact public law section
   SEC. 13. ELIMINATION OF GENDER-BASED REFERENCES. (a) The last sentence of section 7(a) (7 U.S.C. 2327(a)) is amended by striking “his designee shall act as chairman” and inserting “the designee of the Secretary shall act as chairperson”. (b) Section 10(a) (7 U.S.C. 2330(a)) is amended by striking “he” and inserting “the Secretary”. (c) Section 23 (7 U.S.C. 2353) is amended— (1) in the second sentence, by striking “he” and inserting “the officer”; and (2) in the third sentence, by striking “he” and inserting “the person”. (d) Section 24 (7 U.S.C. 2354) is amended— (1) in the first sentence of subsection (a), by striking “him” and inserting “the witness”; and (2) in the second sentence of subsection (c)— (A) by striking “this fees and traveling expenses” and inserting “the fees and traveling expenses of the witness”; and (B) by striking “him” and inserting “the witness”. (e) The last sentence of section 27 (7 U.S.C. 2357) is amended by striking “he” each place it appears and inserting “the person”. (f) The first sentence of section 44 (7 U.S.C. 2404) is amended by striking “he” and inserting “the Secretary”. (g) Section 53 (7 U.S.C. 2423) is amended— (1) in subsection (a), by striking “one (or his successor)” and inserting “one person (or the successor of the person)”; and (2) in subsection (b), by striking “he” and inserting “the Secretary”. (h) Section 54 (7 U.S.C. 2424) is amended by striking “his successor in interest” and inserting “the successor in interest of the breeder” (i) Section 55 (7 U.S.C. 2425) is amended— (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 (2) in subsection (b), by striking “his predecessor in title” and inserting “the predecessor in title of the person”. (j) The first sentence of section 62(b) (7 U.S.C. 2442(b)) is amended— (1) by striking “him” and inserting “an applicant”; (2) by striking “an applicant shall” and inserting “the applicant shall”; and (3) by striking “he” and inserting “the Secretary”. (k) The second sentence of section 72 (7 U.S.C. 2462) is amended by striking “his variety as specified in his application” and inserting “the variety as specified in the application”. (l) Section 82 (7 U.S.C. 2482) is amended by striking “his signature” and inserting “the signature of the Secretary”. (m) Section 83 (7 U.S.C. 2483) is amended— (1) in subsection (a) (as amended by section 7(1)(A))— (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 (B) in paragraph (4), by striking “his discretion” and inserting “the discretion of the Secretary”; and (2) in subsection (c), by striking “he” and inserting “the last owner”. (n) Section 86 (7 U.S.C. 2486) is amended— (1) in the first sentence, by striking “him” and inserting “the Secretary”; and (2) in the third sentence, by striking “he” and inserting “the person”. (o) Section 91(c) (7 U.S.C. 2501(c)) is amended by striking “he” and inserting “the Secretary”. (p) The fourth sentence of section 92(b) (as transferred by section 8(c)(1)) is amended by striking “he” and inserting “the Secretary”. (q) The first sentence of section 111(f) (as redesignated by section 9(2)) is amended by striking “his official capacity” and inserting “the official capacity of the officer or employee”. (r) Section 112 (7 U.S.C. 2542) is amended by striking “his successor in interest” and inserting “the successor in interest of the person”. (s) Section 113 (7 U.S.C. 2543) is amended— (1) in the first sentence— (A) by striking “him” and inserting “the person”; and (B) by striking “his farm” and inserting “the farm of the person”; and (2) in the third sentence, by striking “his actions” and inserting “the actions of the purchaser”. (t) Section 121 (7 U.S.C. 2561) is amended by striking “his”. (u) Section 126(b) (7 U.S.C. 2566(b)) is amended by striking “his” and inserting “the”. (v) Section 128(a) (7 U.S.C. 2568(a)) is amended by striking “he” and inserting “the Secretary”, (w) Section 130(a) (7 U.S.C. 2570(a)) is amended by striking “his official capacity” and inserting “the official capacity of the officer or employee”.

   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 of 3 references resolved to an enrolled provision