Page:United States Statutes at Large Volume 108 Part 4.djvu/505

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PUBLIC LAW 103-349—OCT. 6, 1994 108 STAT. 3139 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, When reproduced, will remain unchanged with regard to the essential and distinctive characteristics of the variety with a reasonable degree of reliability commensurate with that of varieties 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 that cannot be clearly distinguished from one another, but that fulfill all other requirements of subsection (a), the applicant who first complies with all requirements of this Act shall be entitled to a certificate of plant variety protection, to the exclusion of any other applicant.

  • X2) REQUIREMENTS COMPLETED ON SAME DATE.—

"(A) IN GENERAL.— Except as provided in subparagraph (B), if 2 or more applicants comply with all requirements for protection on the same date, a certificate shall be issued for each variety. "(B) VARIETIES INDISTINGUISHABLE. — If the varieties that are the subject of the applications cannot be distinguished in any manner, a single certificate shall be issued jointly to the applicants.". SEC. 4. APPLICATIONS. Section 52 (7 U.S.C. 2422) is amended— (1) in paragraph (1), by adding at the end the following new sentence: "The variety shall be named in accordance with regulations issued by the Secretary."; (2) in the first sentence of paragraph (2), by striking "novelty" and inserting "distinctiveness, uniformity, and stability"; (3) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (4) by inserting after paragraph (2) the following new paragraph: "(3) A statement of the basis of the claim of the applicant that the variety is new."; and (5) in paragraph (4) (as redesignated by paragraph (3)), by inserting "(including any propagating material)" Pber "basic seed". SEC. 6. BENEFIT OF EARLIER FILING DATE. Section 55(a) (7 U.S.C. 2425(a)) is amended— (1) by redesignating the first and second sentences as paragraphs (1) and (2), respectively; (2) in paragraph (1) (as so designated), by inserting before the period at the end the following: ", not including the date on which the application is filed in the foreign country"; and (3) by adding at the end the following new paragraph: "(3)(A) An applicant entitled to a right of priority under this subsection shall be allowed to furnish any necessary information, document, or material required for the purpose of the examination of the application during— "(i) the 2-year period beginning on the date of the expiration of the period of priority; or