---
title: "List the breeder's facts against the variety tests"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/draft-a-plant-variety-application-description/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A23-T1-R13-US"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the breeder's facts against the variety tests

> From the breeder's note, list the facts that bear on whether the variety is new, distinct, uniform, and stable, in the note's words, with the page. Write no sentence of the application.

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/draft-a-plant-variety-application-description/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the breeder's note, list the facts that bear on whether the variety is new, distinct, uniform, and stable, in the note's words, with the page. Write no sentence of the application. |
| What the lawyer must review | You write the application. 7 U.S.C. § 2402(a) entitles the breeder of any sexually reproduced, tuber propagated, or asexually reproduced plant variety, other than fungi or bacteria, who has so reproduced the variety, or the successor in interest, to plant variety protection, subject to the conditions of the chapter, if the variety is new, distinct, uniform, and stable. New, in § 2402(a)(1), looks to whether propagating or harvested material has been sold or otherwise disposed of to others, by or with the consent of the breeder, for exploitation in the United States more than 1 year before filing, or outside the United States more than 4 years before filing, or more than 6 years before filing for a tree or vine. Distinct, in § 2402(a)(2), means clearly distinguishable from any variety whose existence is publicly known or a matter of common knowledge at filing. Uniform, in § 2402(a)(3), means any variations are describable, predictable, and commercially acceptable. Stable, in § 2402(a)(4), means the variety, when reproduced, remains unchanged with regard to its essential and distinctive characteristics with a reasonable degree of reliability commensurate with varieties of the same category in which the same breeding method is employed. The application form is not in § 2402. This list writes no sentence of it, and it reaches no certificate. |
| Written for | United States |
| Applies to | [Draft a plant-variety application description](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/draft-a-plant-variety-application-description.md) |

## Checking plan

- What the AI does: From the breeder's note, list the facts that bear on whether the variety is new, distinct, uniform, and stable, in the note's words, with the page. Write no sentence of the application.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Fungi and bacteria are outside the parenthetical in § 2402(a). Do not list them as eligible on this section.
- The tuber waiver in § 2402(a)(1)(B)(i) is for a period ending 1 year after 4 April 1996. Do not apply it as a current exception. A design patent under 35 U.S.C. § 171 is a different right.

## Sources

- [7 U.S.C. § 2402 (right to plant variety protection)](https://www.law.cornell.edu/uscode/text/7/2402) (checked 2026-10-22)
- [35 U.S.C. § 171 (patents for designs)](https://www.law.cornell.edu/uscode/text/35/171) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*