PBR acceptance/grant - rejecting a part 1 application due to a lack of novelty

Issue summary

Currently, the PBR Act does not allow the Registrar to reject a PBR application from being accepted even if the plant variety has been exploited outside the time periods specified in section 43.

This creates uncertainty for customers and third parties as a PBR application can proceed to acceptance, and receive provisional protection, even if there is no possibility of it being granted due to exploitation outside of the specified time periods.

History

• On hold 24 June 2021
• Policy development 5 December 2022

Comments

Issue is being considered as part of IP Australia’s PBR reform work.