15 1 peated sexual production through the reproduction system 2 designated by the breeder. 3 (i) The term "proprietor" when distinguished from 4 "breeder" means the employer when the breeder's work was 5 done for hire without contrary agreement, or other owner 6 by assignment or operation of law; but otherwise may in7 clude the applicant until his position is taken by his successor 8 in title, after which, the term "applicant" may mean 9 proprietor. 10 (j) The term "basic seed" means the seed planted to 11 produce certified or commercial seed. 12 (k) The term "testing" includes the period during 13 which there is testing of seed or other sexually reproducible 14 plant material, before any sale thereof, even though such 15 material may be given out, provided the purpose is for ex16 perimental testing on behalf of the proprietor, with observa17 tion by or reported to the proprietor (even though the crop 18 is used or sold for other than seed). 19 (1) The term "public variety" means a variety in this 20 country which is known or used, other than by the breeders 21 and their associates, or on sale; if other than secretly or for 22 the purpose of experimenting or testing; or as individual 23 plants not known to be either sexually self-reproducible or 24 repeatedly producible sexually at will. 16 1 (m) A variety described in a publication as specified 2 in section 42 (a) is "effectively available to workers in this 3 country" if a source from which it can be purchased is indi4 cated in a publication or readily determinable or if the publi5 cation teaches how to produce the variety from source-ma6 terial available to workers in this country. 7 Sec. 42. Right to Plant Variety Protection; Plant Varieties 8 9 Protectable. Whoever is the breeder or the discoverer of any novel 10 variety of sexually reproduced plants, except as excluded in 11 section 45, or his successor in title, shall be entitled to plant 12 variety protection therefor, subject to the conditions and requirements of this title unless one of the following bars exists: 13 (1) Before the date of determination thereof by the breeder, or more than one year before the effective filing date of the application therefor, the variety was (A) a public variety in this country, or (B) effectively available to workers in this country and adequately described by a publication reasonably deemed a part of the public technical knowledge in this country which description must include a disclosure of the principal characteristics by which the variety is distinguished. (2) The variety, though not in use or on sale in this country, was in use or on sale elsewhere, other than secretly or for the purpose of experimenting or testing, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 by or in the knowledge of the applicant or his predeces sor in title, or their agents or representatives, more than one year before the effective date of the application there for. (3) An application for protection of the variety based on the same breeders acts, was filed in a foreign country by the proprietor or his privies more than one year before the effective filing date actually in the United States. (4) Another is entitled to an earlier date of determination for the variety: Provided, however, That the benefit of a date of determination can be lost by not con tinuing a program of development and testing to commercialization. 15. Sec. 43. Reciprocity Limits. 16 Protection under the Act shall be limited to proprietors 17 who are nationals of the United States, except where this lim18 itation would violate a treaty and except that proprietors 19 who are nationals of a foreign state in which they are dom20 iciled shall be entitled to so much of the protection here 21 afforded as is afforded by said foreign state to nationals of the 22 United States for the same genus and species. 23 Sec. 44. Public Interest In Wide Usage. 18 1 use on a basis of equitable remuneration to the proprietor, not less than a reasonable royalty, when he determines that 3 such declaration is necessary in order to insure an adequate supply of fiber, food or feed in this country and that the 5 proprietor is not supplying the public needs at a price which 6 may reasonably be deemed fair. Such declaration may be, 7 with or without limitation, with or without designation of 8 what the remuneration is to be; and shall be subject to re9 view as under section 71 or 72 (any finding that the price 10 is not reasonable being reviewable), and shall remain in 11 effect not more than two years. In the event litigation is 12 required to collect such remuneration, a higher rate may be 13 allowed by the court. 14 Sec. 45. Exclusions From Eligibility for Protection. Protection under this Act shall not be available for: (a) Fungi and Bacteria, 15 16 17 (b) Hybrids. 18 19 20 21 22 Chapter 5.-APPLICATIONS: FORM, WHO MAY FILE, RELATING BACK, CONFIDENTIALITY Sec. 51. Application for Recognition of Plant Variety Rights. (a) An application for a certificate of Plant Variety 23 Protection may be filed by either the breeder or the pro 24 25 prietor of the variety sought to be protected. The applica tion shall be made in writing to the Commissioner, shall be 19 1 signed by or on behalf of the applicant, and shall be accom 2 panied by the prescribed fee. An application filed by a per 3 4 son not the breeder shall state the basis on which it is filed. (b) An error as to the naming of the breeder, without 5 deceptive intent, may be corrected at any time, in accordance 6 with regulation established by the Commissioner. 7 Sec. 52. Content of Application. 8 An application for a certificate recognizing plant variety 9 rights shall contain: (1) The name of the variety except that a temporary designation will suffice until the certificate is to be issued. (2) A description of the variety setting forth its novelty and a description of the genealogy and breeding procedure, when known. The Commissioner 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 proprietorship or of allegations made in the application. A proprietor may add to or correct the description at any time, before the certificate is issued, upon a showing acceptable to the Commissioner that the revised description is retroactively accurate. Courts shall protect others from any injustice which would result. The Commis |