How to apply for a plant breeder's right

Step 1. Do your research

Before applying, make sure you understand:

• What a PBR will provide for you
• That the plant variety must have undergone a breeding process and be new or within a prior sale period
• That you must demonstrate distinctness, uniformity and stability (DUS) of your variety with a growing trial
• That you must engage a Qualified Person (QP) and what their role is
• The fees associated with the multiple stages of application.

Step 2. Search existing PBRs and check your proposed name hasn't been trade marked

Conduct a search of existing PBRs to make sure the name is still available. You'll also need to make a search of existing trade marks to make sure the name you are considering is not already part of someone else's trade mark.

Step 3. Engage a QP

You'll need the services of an accredited QP with expertise in the type of plant you want to register. We recommend engaging someone early in the process to help ensure that everything goes smoothly.

Role of a Qualified Person

Step 4. Submit application part 1

There are two ways you can submit your application for a PBR.

1. For protection in Australia: apply via online services

You'll need to:

• Complete and submit the following:

• Part 1 General Information (this is the application part 1 form)
• Nomination of Qualified Person
• Authorisation of Agent (if an agent is involved)
• Supplementary pages (if there is more than one applicant)
• Photograph(s) of the variety
• Pay the application fee.

Alternatively, you can submit hard copies to us.

2. For protection in Australia and overseas: apply via PRISMA — the international PBR application tool, run by the Union for the Protection of New Varieties of Plants (UPOV).

Step 5. We'll examine part 1 of your application

We'll examine your application and if there are any problems or if clarification is required we'll come back to you with questions.

If application part 1 is accepted, you're covered by provisional protection against infringement back dated to the filing date.

Step 6. Send a specimen to the Australian Cultivar Registration Authority

If your variety is an Australian native species, you'll need to send a specimen to the Australian Cultivar Registration Authority

Step 7. Submit application part 2

You'll need to:

• Complete and submit application part 2, and make sure your QP submits the detailed variety description through IVDS
• Pay the examination fee
• Deposit propagating material in a genetic resources centre
• Submit the confirmation of submission to a genetic resource centre form
• Submit the certification by a Qualified Person form.

Step 8. We'll examine part 2 of your application

We'll examine your application, and an examiner may visit your growing trial site. Once we're satisfied your application meets all requirements, we'll publish a description and photograph comparing the new variety with the most similar varieties in the Plant Varieties Journal.

This is followed by a six-month period for objection or comment.During this time you'll need to pay the certificate fee.

When you've completed all requirements and resolved any objections, we'll either grant or refuse to grant PBR. If granted, you'll receive a certificate of PBR.

Step 9. Receive your PBR and signal protection with a PBR logo

Once your PBR is granted it's important to label the variety and other plant material with the PBR logo and the official wording. This signals to competitors that you hold the rights.

You should use this for entries in catalogues as well as on labels.

How to label your variety