Essentially Derived Variety Law and Legal Definition
According to 7 USCS § 2401 (Title 7, Agriculture; Chapter 57, Plant Variety Protection Protectability of Plant Varieties and Certificates of Protection; Protectability of Plant Varieties), (A) In general - The term "essentially derived variety" means “a variety that--
(i) is predominantly derived from another variety (referred to in this paragraph as the "initial variety") or from a variety that is predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety;
(ii) is clearly distinguishable from the initial variety; and
(iii) except for differences that result from the act of derivation, conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.
(B) Methods. An essentially derived variety may be obtained by the selection of a natural or induced mutant or of a somaclonal variant, the selection of a variant individual from plants of the initial variety, backcrossing, transformation by genetic engineering, or other method.”