§ 97.130 - Recording of assignments.  


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  • § 97.130 Recording of assignments.

    (a) Any assignment of an application for a certificate, or of a certificate of plant variety protection, or of any interest in a variety, or any license or grant and conveyance of any right to use of the variety, may be submitted for recording in the Office in accordance with section 101 of the Act (7 U.S.C. 2531).

    (b) No instrument shall be recorded which is not in the English language or which does not identify the certificate or application to which it relates.

    (c) An instrument relating to title of a certificate shall identify the certificate by number and date, the name of the owner, and the name of the variety as stated in the certificate. An instrument relating to title of an application shall identify an application by number and date of filing, the name of the owner, and the name of the variety as stated in the application.

    (d) If an assignment is executed concurrently or subsequent to the filing of an application, but before its number and filing date are ascertained, the assignment shall identify the application by the date of the application, the name of the owner, and the name of the variety.

    [58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]