§ 2486 - Correction of named breeder

CHAPTER 57— PLANT VARIETY PROTECTION › SUBCHAPTER II— PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION

An error as to the naming of a breeder in the application, without deceptive intent, shall not affect validity of plant variety protection and may be corrected at any time by the Secretary in accordance with regulations established by the Secretary or upon order of a federal court before which the matter is called in question. Upon such correction the Secretary shall issue a certificate accordingly. Such correction shall not deprive any person of any rights the person otherwise would have had.

Notes

Editorial Notes

Amendments

1994—Pub. L. 103–349 substituted “the Secretary” for “him” in first sentence and “the person” for “he” in third sentence.

Statutory Notes and Related Subsidiaries

Effective 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.