7 U.S.C. § 2421

Application for recognition of plant variety rights

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(a) An application for a certificate of Plant Variety Protection may be filed by the owner of the variety sought to be protected. The application shall be made in writing to the Secretary, shall be signed by or on behalf of the applicant, and shall be accompanied by the prescribed fee.(b) An error as to the naming of the breeder, without deceptive intent, may be corrected at any time, in accordance with regulations established by the Secretary.(Pub. L. 91–577, title II, § 51, Dec. 24, 1970, 84 Stat. 1548.)

Notes of Decisions

Cited in 2 cases, 1993–1995 · leading case: Asgrow Seed Co. v. Winterboer, 513 U.S. 179 (1995).

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Asgrow Seed Co. v. Winterboer, 513 U.S. 179 (1995). · cites it 2× “See 7 U. S. C. §§ 2421 , 2422, 2481 2483. This confers on the owner the exclusive right for 18 years 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…”

Asgrow Seed Co. v. Denny Winterboer & Becky Winterboer, D/B/A Deebee's, 982 F.2d 486 (Fed. Cir. 1993). “7 U.S.C. §§ 2421 , 2422, 2481-2483. A PVPA certificate grants the breeder the right 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 .”

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