2011 US Code
Title 7 - Agriculture
Chapter 57 - PLANT VARIETY PROTECTION (§§ 2321 - 2583)
Subchapter II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION (§§ 2401 - 2504)
Part F - Examinations; Response Time; Initial Appeals (§§ 2441 - 2443)
Section 2442 - Notice of refusal; reconsideration
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 7 - AGRICULTURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 7 - AGRICULTURE CHAPTER 57 - PLANT VARIETY PROTECTION SUBCHAPTER II - PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION Part F - Examinations; Response Time; Initial Appeals Sec. 2442 - Notice of refusal; reconsideration |
Contains | section 2442 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-577, title II, §62, Dec. 24, 1970, 84 Stat. 1549; Pub. L. 103-349, §§6, 13(j), Oct. 6, 1994, 108 Stat. 3140, 3143. |
Statutes at Large References | 84 Stat. 1549 108 Stat. 3140 |
Public Law References | Public Law 91-577, Public Law 103-349 |
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(a) Whenever an application is refused, or any objection or requirement made by the examiner, the Secretary shall notify the applicant thereof, stating the reasons therefor, together with such information and references as may be useful in judging the propriety of continuing the prosecution of the application; and if after receiving such notice the applicant requests reconsideration, with or without amendment, the application shall be reconsidered.
(b) For taking appropriate action after the mailing to an applicant of an action other than allowance, the applicant shall be allowed at least 30 days, and not more than 180 days, or such other time as the Secretary shall set in the refusal, or such time as the Secretary may allow as an extension. Without such extension, action may be taken up to three months late by paying an additional fee to be prescribed by the Secretary.
(Pub. L. 91–577, title II, §62, Dec. 24, 1970, 84 Stat. 1549; Pub. L. 103–349, §§6, 13(j), Oct. 6, 1994, 108 Stat. 3140, 3143.)
Amendments1994—Subsec. (b). Pub. L. 103–349 in first sentence substituted “mailing to an applicant” for “mailing to him”, “the applicant shall” for “an applicant shall”, “at least 30 days, and not more than 180 days” for “six months”, “the Secretary shall” for “the Secretary in exceptional circumstances shall”, and “as the Secretary may” for “as he may”.
Effective Date of 1994 AmendmentAmendment 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.
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