7 USC § 2462 - Civil action against Secretary

---
identifier: "/us/usc/t7/s2462"
source: "usc"
legal_status: "official_prima_facie"
title: "7 USC § 2462 - Civil action against Secretary"
title_number: 7
title_name: "AGRICULTURE"
section_number: "2462"
section_name: "Civil action against Secretary"
chapter_number: 57
chapter_name: "PLANT VARIETY PROTECTION"
subchapter_number: "II"
subchapter_name: "PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF PROTECTION"
part_number: "G"
part_name: "Appeals to Courts and Other Review"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 91–577, title II, § 72, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 103–349, § 13(k), Oct. 6, 1994, 108 Stat. 3143.)"
---


# § 2462. Civil action against Secretary

An applicant dissatisfied with a decision under section 2443 or 2501 of this title, may, as an alternative to appeal, have remedy by civil action against the Secretary in the United States District Court for the District of Columbia. Such action shall be commenced within sixty days after such decision or within such further time as the Secretary allows. The court may, in the case of review of a decision by the Secretary refusing plant variety protection, adjudge that such applicant is entitled to receive a certificate of plant variety protection for the variety as specified in the application as the facts of the case may appear, on compliance with the requirements of this chapter.

---

**Source Credit**: (Pub. L. 91–577, title II, § 72, Dec. 24, 1970, 84 Stat. 1550; Pub. L. 103–349, § 13(k), Oct. 6, 1994, 108 Stat. 3143.)

## Editorial Notes

### Amendments

1994—, which directed that the second sentence be amended by substituting “the variety as specified in the application” for “his variety as specified in his application”, was executed by making the substitution in the third sentence, to reflect the probable intent of Congress.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by  effective 180 days after , see , set out as a note under .