7 U.S.C. § 2422

Content of application

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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.)Editorial NotesAmendments

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.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2001–2024 · leading case: J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124 (2001).

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J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124 (2001). · cites it 2× “" 7 U. S. C. § 2422 (2). It also requires a deposit of seed in a public depository, § 2422(4), but neither the statute nor the applicable regulation mandates that such material be accessible to the general public during the term of the PVP certificate.”

In Re Pennington Seed, Inc. (Mark Formerly Owned by Krb Seed Co., Llc), 466 F.3d 1053 (Fed. Cir. 2006). “Additional support was provided by the International Convention for the Protection of New Varieties of Plants (“UPOV”), which provides, inter alia, that a name for a new plant variety must be designated and that that designation will be its generic name, and by Section 52 of the…”

Corteva Agriscience LLC v. Inari Agric., Inc. (D. Del. 2024). · cites it 2× “7 U.S.C. § 2422 . An application for a PVP certificate requires that the applicant deposit in a public repository and periodically replenish “a viable sample of basic seed (including any propagating material) necessary for propagation of the variety.”

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