§2422. Content of application

An application for a certificate recognizing plant variety rights shall contain:

(1) The name of the variety except that a temporary designation will suffice until the certificate is to be issued. The variety shall be named in accordance with regulations issued by the Secretary.

(2) A description of the variety setting forth its distinctiveness, uniformity, and stability and a description of the genealogy and breeding procedure, when known. The Secretary may require amplification, including the submission of adequate photographs or drawings or plant specimens, if the description is not adequate or as complete as is reasonably possible, and submission of records or proof of ownership or of allegations made in the application. An applicant may add to or correct the description at any time, before the certificate is issued, upon a showing acceptable to the Secretary that the revised description is retroactively accurate. Courts shall protect others from any injustice which would result. The Secretary may accept records of the breeder and of any official seed certifying agency in this country as evidence of stability where applicable.

(3) A statement of the basis of the claim of the applicant that the variety is new.

(4) A declaration that a viable sample of basic seed (including any propagating material) necessary for propagation of the variety will be deposited and replenished periodically in a public repository in accordance with regulations to be established hereunder.

(5) A statement of the basis of applicant's ownership.

(Pub. L. 91 577, title II, §52, Dec. 24, 1970, 84 Stat. 1548; Pub. L. 96 574, §11, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103 349, §4, Oct. 6, 1994, 108 Stat. 3139.)

Amendments

1994-Par. (1). Pub. L. 103 349, §4(1), inserted at end "The variety shall be named in accordance with regulations issued by the Secretary."

Par. (2). Pub. L. 103 349, §4(2), in first sentence substituted "distinctiveness, uniformity, and stability" for "novelty".

Par. (3). Pub. L. 103 349, §4(4), added par. (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 103 349, §4(3), (5), redesignated par. (3) as (4) and inserted "(including any propagating material)" after "basic seed". Former par. (4) redesignated (5).

Par. (5). Pub. L. 103 349, §4(3), redesignated par. (4) as (5).

1980-Par. (3). Pub. L. 96 574 struck out provisions relating to adding of declaration by amendment.

Effective Date of 1994 Amendment

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.

Section Referred to in Other Sections

This section is referred to in sections 2481, 2562 of this title.