---
kind: "section"
citation: "7 U.S.C. § 2402"
title: "7"
title_heading: "Agriculture"
number: "2402"
heading: "Right to plant variety protection; plant varieties protectable"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2402"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter II — Protectability of Plant Varieties and Certificates of Protection"
  - "Part D — Protectability of Plant Varieties"
---

# §2402. Right to plant variety protection; plant varieties protectable

- (a) **In general—** The [breeder](/usc/7/2401.md?p=a-3) of any [sexually reproduced](/usc/7/2401.md?p=a-7), [tuber propagated](/usc/7/2401.md?p=a-8), or [asexually reproduced](/usc/7/2401.md?p=a-1) plant [variety](/usc/7/2401.md?p=a-10) (other than fungi or bacteria) who has so reproduced the [variety](/usc/7/2401.md?p=a-10), or the successor in interest of the [breeder](/usc/7/2401.md?p=a-3), shall be entitled to plant [variety](/usc/7/2401.md?p=a-10) protection for the [variety](/usc/7/2401.md?p=a-10), subject to the conditions and requirements of this chapter, if the [variety](/usc/7/2401.md?p=a-10) is—
  - (1) new, in the sense that, on the date of filing of the application for plant [variety](/usc/7/2401.md?p=a-10) protection, propagating or harvested material of the [variety](/usc/7/2401.md?p=a-10) has not been sold or otherwise disposed of to other [persons](/usc/7/499a.md?p=b-1), by or with the consent of the [breeder](/usc/7/2401.md?p=a-3), or the successor in interest of the [breeder](/usc/7/2401.md?p=a-3), for purposes of exploitation of the [variety](/usc/7/2401.md?p=a-10)—
    - (A) in the [United States](/usc/7/2401.md?p=a-9), more than 1 year prior to the date of filing; or
    - (B) in any area outside of the [United States](/usc/7/2401.md?p=a-9)—
      - (i) more than 4 years prior to the date of filing, except that in the case of a [tuber propagated](/usc/7/2401.md?p=a-8) plant [variety](/usc/7/2401.md?p=a-10) the [Secretary](/usc/7/499a.md?p=b-2) may waive the 4-year limitation for a period ending 1 year after April 4, 1996; or
      - (ii) in the case of a tree or vine, more than 6 years prior to the date of filing;
  - (2) distinct, in the sense that the [variety](/usc/7/2401.md?p=a-10) is clearly distinguishable from any other [variety](/usc/7/2401.md?p=a-10) the existence of which is publicly known or a matter of common knowledge at the time of the filing of the application;
  - (3) uniform, in the sense that any variations are describable, predictable, and commercially acceptable; and
  - (4) stable, in the sense that the [variety](/usc/7/2401.md?p=a-10), when reproduced, will remain unchanged with regard to the essential and distinctive characteristics of the [variety](/usc/7/2401.md?p=a-10) with a reasonable degree of reliability commensurate with that of [varieties](/usc/7/2401.md?p=a-10) of the same category in which the same breeding method is employed.
- (b) **Multiple applicants—**
  - (1) **In general—** If 2 or more applicants submit applications on the same effective filing date for [varieties](/usc/7/2401.md?p=a-10) that cannot be clearly distinguished from one another, but that fulfill all other requirements of [subsection (a)](#a), the applicant who first complies with all requirements of this chapter shall be entitled to a certificate of plant [variety](/usc/7/2401.md?p=a-10) protection, to the exclusion of any other applicant.
  - (2) **Requirements completed on same date—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#b-2-B), if 2 or more applicants comply with all requirements for protection on the same date, a certificate shall be issued for each [variety](/usc/7/2401.md?p=a-10).
    - (B) **Varieties indistinguishable—** If the [varieties](/usc/7/2401.md?p=a-10) that are the subject of the applications cannot be distinguished in any manner, a single certificate shall be issued jointly to the applicants.

## Source credit

(Pub. L. 91–577, title II, § 42, Dec. 24, 1970, 84 Stat. 1547; Pub. L. 103–349, § 3, Oct. 6, 1994, 108 Stat. 3138; Pub. L. 104–127, title IX, § 913(a), Apr. 4, 1996, 110 Stat. 1186; Pub. L. 115–334, title X, § 10108(b), Dec. 20, 2018, 132 Stat. 4906.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (a). Pub. L. 115–334 substituted “, tuber propagated, or asexually reproduced” for “or tuber propagated” in introductory provisions.

1996—Subsec. (a)(1)(B)(i). Pub. L. 104–127 inserted “, except that in the case of a tuber propagated plant variety the Secretary may waive the 4-year limitation for a period ending 1 year after April 4, 1996” after “filing”.

1994—Pub. L. 103–349 amended section generally, substituting present provisions for substantially similar former provisions.

### 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.