{
  "node_id": "us-plant-variety-protection-act",
  "title": "US Plant Variety Protection Act (7 USC ch 57): Breeder Rights, Certification, Infringement and Remedies",
  "domain": "Agriculture & Agritech",
  "version": "1.0.0",
  "last_updated": "2026-05-26",
  "bluf": "The Plant Variety Protection Act (PVPA), codified at 7 U.S.C. Chapter 57 (sections 2321-2583), grants intellectual property protection to breeders of new, sexually reproduced or tuber-propagated plant varieties, administered by the USDA Agricultural Marketing Service through the Plant Variety Protection Office. Section 2402 sets the right to protection: the breeder of a variety (or the successor in interest) is entitled to plant variety protection if the variety is new, in the sense that propagating or harvested material has not been sold or otherwise disposed of for purposes of exploitation beyond the statutory timeframes; distinct, in the sense that it is clearly distinguishable from any other variety the existence of which is publicly known; uniform, in the sense that any variations are describable, predictable and commercially acceptable; and stable, in the sense that the variety when reproduced will remain unchanged with regard to its essential and distinctive characteristics. Section 2422 governs the application, and section 2483 sets the contents and term of protection: the certificate grants the owner the right to exclude others from selling or marketing the variety, offering it for sale, reproducing it, importing or exporting it, or using it in producing a hybrid or different variety, for a term of 20 years from the date of issue (25 years for trees and vines). Section 2541 defines the acts that constitute infringement (including selling, marketing, sexually or asexually multiplying the variety as a step in marketing, using it to produce a hybrid, dispensing it without notice, conditioning it for propagation, and inducing others to do these acts), while section 2543 preserves the right of a farmer to save seed and the research exemption. Sections 2561-2570 set the remedies: section 2564 provides damages adequate to compensate for the infringement but in no event less than a reasonable royalty, which the court may increase up to three times; section 2565 allows reasonable attorney fees in exceptional cases; and section 2568 imposes penalties for false marking (up to $10,000, with a minimum of $500).",
  "paywall": {
    "status": "LOCKED",
    "unlock_cost_usd": "0.01",
    "skyfire_id": "41779894-ece2-4163-9761-b3b1b76e19b0"
  },
  "crosswalks": {
    "_available_keys": [
      "industry_mapping",
      "related_frameworks"
    ],
    "_note": "Full crosswalk values included in vault response"
  },
  "primary_citations_count": 8
}