7 U.S. Code § 2501 - Reexamination after issue

prev | next
(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.)

1994—Subsec. (c). Pub. L. 103–349substituted “the Secretary” for “he”.
1980—Subsec. (b). Pub. L. 96–574substituted “description” for “specification”.
Effective Date of 1994 Amendment

Amendment by Pub. L. 103–349effective 180 days after Oct. 6, 1994, see section 15 ofPub. L. 103–349, set out as a note under section 2401 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

7 USCDescription of ChangeSession YearPublic LawStatutes at Large


LII has no control over and does not endorse any external Internet site that contains links to or references LII.