---
kind: "section"
citation: "7 U.S.C. § 2422"
title: "7"
title_heading: "Agriculture"
number: "2422"
heading: "Content of application"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2422"
units:
  - "Chapter 57 — Plant Variety Protection"
  - "Subchapter II — Protectability of Plant Varieties and Certificates of Protection"
  - "Part E — Applications; Form; Who May File; Relating Back; Confidentiality"
---

# §2422. Content of application


An application for a certificate recognizing plant [variety](/usc/7/2401.md?p=a-10) rights shall contain:

- (1) The name of the [variety](/usc/7/2401.md?p=a-10) except that a temporary designation will suffice until the certificate is to be issued. The [variety](/usc/7/2401.md?p=a-10) shall be named in accordance with regulations issued by the [Secretary](/usc/7/499a.md?p=b-2).
- (2) A description of the [variety](/usc/7/2401.md?p=a-10) setting forth its distinctiveness, uniformity, and stability and a description of the genealogy and breeding procedure, when known. The [Secretary](/usc/7/499a.md?p=b-2) may require amplification, including the submission of adequate photographs or drawings or plant specimens, if the description is not adequate or as complete as is reasonably possible, and submission of records or proof of ownership or of allegations made in the application. An applicant may add to or correct the description at any time, before the certificate is issued, upon a showing acceptable to the [Secretary](/usc/7/499a.md?p=b-2) that the revised description is retroactively accurate. Courts shall protect others from any injustice which would result. The [Secretary](/usc/7/499a.md?p=b-2) may accept rec­ords of the [breeder](/usc/7/2401.md?p=a-3) and of any official [seed](/usc/7/2401.md?p=a-6) certifying agency in [this country](/usc/7/2401.md?p=a-9) as evidence of stability where applicable.
- (3) A statement of the basis of the claim of the applicant that the [variety](/usc/7/2401.md?p=a-10) is new.
- (4) A declaration that a viable sample of [basic seed](/usc/7/2401.md?p=a-2) (including any propagating material) necessary for propagation of the [variety](/usc/7/2401.md?p=a-10) will be deposited and replenished periodically in a public repository in accordance with regulations to be established hereunder.
- (5) A statement of the basis of applicant’s ownership.

## Source credit

(Pub. L. 91–577, title II, § 52, Dec. 24, 1970, 84 Stat. 1548; Pub. L. 96–574, § 11, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103–349, § 4, Oct. 6, 1994, 108 Stat. 3139.)

## Notes

### Editorial Notes

### Amendments

1994—Par. (1). Pub. L. 103–349, § 4(1), inserted at end “The variety shall be named in accordance with regulations issued by the Secretary.”

Par. (2). Pub. L. 103–349, § 4(2), in first sentence substituted “distinctiveness, uniformity, and stability” for “novelty”.

Par. (3). Pub. L. 103–349, § 4(4), added par. (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 103–349, § 4(3), (5), redesignated par. (3) as (4) and inserted “(including any propagating material)” after “basic seed”. Former par. (4) redesignated (5).

Par. (5). Pub. L. 103–349, § 4(3), redesignated par. (4) as (5).

1980—Par. (3). Pub. L. 96–574 struck out provisions relating to adding of declaration by amendment.

### 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.