{"data":{"id":"us/7-u.s.c.-2562","jurisdiction":"us","citation":"7 U.S.C. § 2562","heading":"Presumption of validity; defenses","body":"(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.","path":["Title 7—AGRICULTURE","CHAPTER 57—PLANT VARIETY PROTECTION"],"source_url":"https://uscode.house.gov/download/releasepoints/us/pl/119/103/xml_usc07@119-103.zip","current_through":"Public Law 119-103 (09/02/2026)","vintage":"","retrieved_at":"2026-09-10T05:55:54Z","sha256":"bf099d89a5094711bd39ea4d5a2f44732528ec12a106b38d2bbe687461984afb","source_id":"us","stale":false,"prev":"us/7-u.s.c.-2561","next":"us/7-u.s.c.-2563"},"notice":"GroundRules: Original legal text. Not legal advice."}
