Priority Contest.

Sec. 92. Priority Contest. (a) If the Secretary determines that two applications of different applicants may be based on the same variety, he may: (1) Initiate a priority contest on his own motion whether or not one of the applications may have been certificated: or (2) Issue a certificate on the application having the earliest effective filing date, with notice to all; or (3) Issue a certificate naming alternative owners, under a single variety name acceptable to both. (b) On request of any person when a certificate has been issued naming another as an owner or alternative owner, both having applied for protection on the same variety, the Secretary shall institute a priority contest, except that any person shall have forfeited his right to assert priority for the purpose of obtaining plant variety protection when an adverse certificate has issued if he jails to make the request within one year of the mailing of notice specified in part (2) above or if he fails to make the request within the period for taking action after refusal of his application on the basis of the adverse certificate.