Page:United States Statutes at Large Volume 84 Part 2.djvu/216

 1546

PUBLIC LAW 91-577-DEC. 24, 1970

[84 STAT.

Chapter 4.—PROTECTABILITY OF PLANT VARIETIES Sec. 41. Definitions and Rules of Construction. The definitions and rules of construction set forth in this section apply for the purposes of this Act. (a) The term "novel variety" may be represented by, without limitation, seed, transplants, and plants, and is satisfied if there is: (1) Distinctness in the sense that the variety clearly differs by one or more identifiable morphological, physiological or other characteristics (which may include those evidenced by processing or product characteristics, for example, milling and baking characteristics in the case of wheat) as to which a differenec in genealogy may contribute evidence, from all prior varieties of public knowledge at the date of determination within the provisions of section 42; and (2) Uniformity in the sense that any variations are describable, predictable and commercially acceptable; and (3) Stability in the sense that the variety, when sexually reproduced or reconstituted, will remain unchanged with regard to its essential and distinctive characteristics with a reasonable degree of reliability commensurate with that of varieties of the same category in which the same breeding method is employed. (b) The terms "United States" and "this country" means the United States of America, its territories and possessions, and the Commonwealth of Puerto Rico. (c) The term "kind" means one or more related species or subspecies singly or collectively known by one common name, for example, soybean, flax, or radish. (d) The term "date of determination" means the date when there has been at least tentative determination that the variety has been sexually reproduced with recognized characteristics, whether or not the novelty of those characteristics has been determined. (e) The term "breeder" shall mean the person who— (1) directs the final breeding creating the novel variety, or (2) discovers the novel variety, and makes the tentative determination described in subsection (^d). Where such actions are conducted by an agent on behalf of his principal, the principal, rather than the agent, shall be considered the breeder. The terms "breed", "develop", "originate", and "discover", and derivatives thereof shall each include the other. (f) The term "sexually reproduced" shall include any production of a variety by seed. (g) The term "basic seed" means the seed planted to produce certified or commercial seed. (h) The term "testing" means testing or experimental use of a variety before any sale thereof. Sale for other than seed purposes of seed or other plant material produced as the result of testing shall not constitute a sale for the purpose of the preceding sentence or for the purpose of the following subsection. (i) The term "public variety" means a variety sold or used in this country, or existing in and publicly known in this country; but use for the purpose of testing, or sale or use as individual plants not known to be sexually reproducible, shall not make the variety a public variety. (j) A variety described in a publication as specified in section 42(a) (1)(B) is "effectively available to workers in this country" if a source from which it can be purchased is indicated in such publication or readily determinable or if such publication teaches how to produce

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