7 USC § 2562 - Presumption of validity; defenses

---
identifier: "/us/usc/t7/s2562"
source: "usc"
legal_status: "official_prima_facie"
title: "7 USC § 2562 - Presumption of validity; defenses"
title_number: 7
title_name: "AGRICULTURE"
section_number: "2562"
section_name: "Presumption of validity; defenses"
chapter_number: 57
chapter_name: "PLANT VARIETY PROTECTION"
subchapter_number: "III"
subchapter_name: "PLANT VARIETY PROTECTION AND RIGHTS"
part_number: "L"
part_name: "Remedies for Infringement of Plant Variety Protection, and Other Actions"
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 III, § 122, Dec. 24, 1970, 84 Stat. 1556.)"
---


# § 2562. Presumption of validity; defenses

**(a)** Certificates of plant variety protection shall be presumed valid. The burden of establishing invalidity of a plant variety protection shall rest on the party asserting invalidity.

**(b)** The following shall be defenses in any action charging infringement and shall be pleaded: (1) noninfringement, absence of liability for infringement, or unenforceability; (2) invalidity of the plant variety protection in suit on any ground specified in section 2402 of this title as a condition for protectability; (3) invalidity of the plant variety protection in suit for failure to comply with any requirement of section 2422 of this title; (4) that the asserted infringement was performed under an existing certificate adverse to that asserted and prior to notice of the infringement; and (5) any other fact or act made a defense by this chapter.

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**Source Credit**: (Pub. L. 91–577, title III, § 122, Dec. 24, 1970, 84 Stat. 1556.)