Timeframes and fees: application part 2

1. Growing trial

You and your Qualified Person (QP) will need to conduct a growing trial after part 1 has been accepted. It's possible in certain circumstances to use the results of a previous trial that was grown overseas, if it meets our requirements.

The results of the trial are used to determine whether your new variety is distinct, uniform and stable, and qualifies for plant breeder’s rights.

You can do the trial yourself, or have it done at a Centralised Test Centre (CTC).

Average application times per variety

The timeframe for growing trials varies depending on the kind of species of plant you're testing.

For instance, the average time for common plant varieties are:

• Wheat varieties — 3 to 6 months

• Rose varieties — 1 and 1/2 years

• Apples — 4 years

• Mangoes — up to 9 years.

2. Application part 2

Once you've completed your growing trial, your QP will submit a description of your variety for publication in the Plant Varieties Journal. One of our examiners will likely visit the growing trial to verify your claims.

You'll need to work with your QP to complete and submit:

• Application part 2 form
• Certification by a Qualified Person form
• Confirmation of submission to a genetic resource centre form.

3. Examination part 2

We'll need to examine part 2 of your application before we can grant the PBR.

You'll need to pay an examination fee within 12 months of the acceptance of the application part 1 or when you submit the detailed description, if this occurs less than 12 months from the date of acceptance.

Once you've paid the fee, we'll examine your variety and, if successful, publish the plant description.

If you haven't paid the fee after 12 months, your application will be refused and your variety won't be protected.

Extensions

In some cases when a plant has been held in quarantine post entry bio-security, we may adjust the 12 month time limit to when your variety was released. You'll need to provide evidence of this before we can grant an exception.

Request an extension 

Fees

The examination fee covers:

• Technical examination of the application including any field examination (if required) or overseas test report
• Assessment of the description
• Publication of a description and photograph of your new variety in the Plant Varieties Journal
• Any other enquiries necessary to establish eligibility for PBR.

Refunds and waivers

Under limited circumstances we may issue a refund or waive fees.

Request a refund or waiver

4. Public notification

Once your application has been examined, we'll publish the new plant variety's detailed description and photograph in the Plant Varieties Journal.

Third parties will then have 6 months from when the notice is published to object to the grant of your application.

How to respond to an objection

5. Grant

If no-one objects your application, or if you overcome issues, and the $500 certificate fee is paid, we'll grant it and update its status in the Plant Varieties Journal. You'll also receive a grant certificate.

Once granted, it's your responsibility to manage and maintain your PBR. There will be costs associated with this, including an annual renewal fee.

Manage my IP

Cost of documents and certificates

You can order photocopies, certified copies, or duplicates of documents through online services.

If you need your documents urgently, we can expedite postage. Please note, this only speeds up the postage time, not our processing time for your request.

Log in to online services

If you want a certificate for display purposes only, you can also order a commemorative certificate from a third party. The cost starts at $100 (+ GST). Commemorative certificates aren't legal documents and don't replace your official certificate.

Order a commemorative certificate