7 USC 2483 – Contents and term of plant variety protection
(a) Certificate
(1) Every certificate of plant variety protection shall certify that the breeder (or the successor in interest of the breeder),1 has the right, during the term of the plant variety protection, 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 developing) a hybrid or different variety therefrom, to the extent provided by this chapter.
Terms Used In 7 USC 2483
- breeder: means the person who directs the final breeding creating a variety or who discovers and develops a variety. See 7 USC 2401
- tuber propagated: means propagated by a tuber or a part of a tuber. See 7 USC 2401
- variety: means a plant grouping within a single botanical taxon of the lowest known rank, that, without regard to whether the conditions for plant variety protection are fully met, can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other plant grouping by the expression of at least one characteristic and considered as a unit with regard to the suitability of the plant grouping for being propagated unchanged. See 7 USC 2401
(2) If the owner so elects, the certificate shall—
(A) specify that seed of the variety shall be sold in the United States only as a class of certified seed; and
(B) if so specified, conform to the number of generations designated by the owner.
(3) An owner may waive a right provided under this subsection, other than a right that is elected by the owner under paragraph (2)(A).
(4) The Secretary may at the discretion of the Secretary permit such election or waiver to be made after certificating and amend the certificate accordingly, without retroactive effect.
(b) Term
(1) In general
Except as provided in paragraph (2), the term of plant variety protection shall expire 20 years from the date of issue of the certificate in the United States, except that—
(A) in the case of a tuber propagated plant variety subject to a waiver granted under section 2402(a)(1)(B)(i) of this title, the term of the plant variety protection shall expire 20 years after the date of the original grant of the plant breeder’s rights to the variety outside the United States; and
(B) in the case of a tree or vine, the term of the plant variety protection shall expire 25 years from the date of issue of the certificate.
(2) Exceptions
If the certificate is not issued within three years from the effective filing date, the Secretary may shorten the term by the amount of delay in the prosecution of the application attributed by the Secretary to the applicant.
(c) Expiration upon failure to comply with regulations; notice
The term of plant variety protection shall also expire if the owner fails to comply with regulations, in force at the time of certificating, relating to replenishing seed in a public repository, or requiring the submission of a different name for the variety, except that this expiration shall not occur unless notice is mailed to the last owner recorded as provided in section 2531(d) of this title and the last owner fails, within the time allowed thereafter, not less than three months, to comply with said regulations, paying an additional fee to be prescribed by the Secretary.