7 U.S.C. § 2542
Grandfather clause
Nothing in this chapter shall abridge the right of any person, or the successor in interest of the person, to reproduce or sell a variety developed and produced by such person more than one year prior to the effective filing date of an adverse application for a certificate of plant variety protection.
( Pub. L. 91–577, title III, § 112 , Dec. 24, 1970 , 84 Stat. 1555 ; Pub. L. 103–349, § 13(r) , Oct. 6, 1994 , 108 Stat. 3144 .)