View all text of Part D [§ 2401 - § 2404]

§ 2401. Definitions and rules of construction
(a) Definitions
As used in this chapter:
(1) Asexually reproduced
(2) Basic seed
(3) Breeder
(4) Essentially derived variety
(A) In general
The term “essentially derived variety” means a variety that—
(i) is predominantly derived from another variety (referred to in this paragraph as the “initial variety”) or from a variety that is predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety;
(ii) is clearly distinguishable from the initial variety; and
(iii) except for differences that result from the act of derivation, conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.
(B) Methods
(5) Kind
(6) Seed
(7) Sexually reproduced
(8) Tuber propagated
(9) United States
(10) Variety
(b) Rules of construction
For the purposes of this chapter:
(1) Sale or disposition for nonreproductive purposes
(2) Sale or disposition for reproductive purposes
(3) Sale or disposition of hybrid seed
(4) Application for protection or entering into a register of varieties
(5) Distinctness
(6) Publicly known varieties
(A) In general
(B) Description
(C) Other means
(Pub. L. 91–577, title II, § 41, Dec. 24, 1970, 84 Stat. 1546; Pub. L. 103–349, § 2, Oct. 6, 1994, 108 Stat. 3136; Pub. L. 115–334, title X, § 10108(a), Dec. 20, 2018, 132 Stat. 4906.)