2013 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 I - Reexamination After Issue, and Contested Proceedings (§§ 2501 - 2504)
Section 2501 - Reexamination after issue
Publication Title | United States Code, 2012 Edition, Supplement 1, 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 I - Reexamination After Issue, and Contested Proceedings Sec. 2501 - Reexamination after issue |
Contains | section 2501 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-577, title II, §91, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 96-574, §17, Dec. 22, 1980, 94 Stat. 3351; Pub. L. 103-349, §13(o), Oct. 6, 1994, 108 Stat. 3144. |
Statutes at Large References | 84 Stat. 1552 94 Stat. 3351 108 Stat. 3144 |
Public Law References | Public Law 91-577, Public Law 96-574, Public Law 103-349 |
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(a) Any person may, within five years after the issuance of a certificate of plant variety protection, notify the Secretary in writing of facts which may have a bearing on the protectability of the variety, and the Secretary may cause such plant variety protection to be reexamined in the light thereof.
(b) Reexamination of plant variety protection under this section and appeals shall be pursuant to the same procedures and with the same rights as for original examinations. Abandonment of the procedure while subject to a ruling against the retention of the certificate shall result in cancellation of the plant variety certificate thereon and notice thereof shall be endorsed on copies of the description of the protected plant variety thereafter distributed by the Plant Variety Protection Office.
(c) If a person acting under subsection (a) of this section makes a prima facie showing of facts needing proof, the Secretary may direct that the reexamination include such interparty proceedings as the Secretary shall establish.
(Pub. L. 91–577, title II, §91, Dec. 24, 1970, 84 Stat. 1552; Pub. L. 96–574, §17, Dec. 22, 1980, 94 Stat. 3351; Pub. L. 103–349, §13(o), Oct. 6, 1994, 108 Stat. 3144.)
AMENDMENTS1994—Subsec. (c). Pub. L. 103–349 substituted "the Secretary" for "he".
1980—Subsec. (b). Pub. L. 96–574 substituted "description" for "specification".
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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