Our initiatives to improve PBR
IP Australia is working to ensure the PBR system supports Australia's plant breeding industries and government priorities for agriculture and growth.
There are many initiatives underway to reform and improve PBR services, processes and the customer experience. These include:
- a dedicated review and reform program to explore Australia's plant breeding ecosystem and the role of PBR
- ongoing policy development and legislative reform
- modernising digital systems and online services
- improving PBR processes, forms, correspondence and guidance
- increasing public education, awareness and stakeholder engagement.
Upcoming changes
The Regulatory Reform Omnibus Act 2026 received Royal Assent on 18 September 2026, introducing reforms that will streamline parts of Australia's intellectual property (IP) system. This work includes changes to PBR renewal and surrender processes that will take effect from 18 September 2027.
IP Australia will seek amendments to the Plant Breeder's Rights Regulations 1994 (PBR Regulations) to implement a grace period for paying PBR renewal fees. This means PBR holders won't automatically lose their right if they miss a payment deadline.
An extended payment period would apply for PBR renewal fees that become payable on or after 18 September 2027. The proposed regulations would allow a renewal fee to be paid at any time between the grant of the right and the anniversary of grant.
The regulations would also provide an extended payment period after the end of the payment period (grace period). An additional fee, proposed $100 per month, would apply if a PBR holder pays the renewal fee during the extended payment period.
While the regulations are yet to be settled, stakeholders have indicated support for a 6-month extended payment period and a $100 per month additional fee for late PBR renewals to align with other IP rights.
Under new section 51A of the Plant Breeder's Rights Act 1994 (PBR Act), the PBR would cease immediately after the anniversary of grant, unless the holder:
- pays the renewal fee in the payment period or
- pays the renewal fee and the correct amount of the additional fee in the extended payment period.
IP Australia will also seek amendments to the PBR Regulations to implement a clearer mechanism for handling offers to surrender a PBR.
Under the proposed process, an interested person who wishes to be heard on an offer to surrender a PBR must notify the Registrar of PBR within one month after publication of the offer to surrender.
IP Australia also proposes that the Registrar of PBR be given authority to determine whether a person is an 'interested person'.
We will provide PBR holders with further information and publish practical guidance before the changes begin.
For additional background on the changes, see Streamlining and simplifying IP regulation.
What we've done
We've undertaken a number of activities to help improve our PBR system.
Our research focused on the importance of PBR in the plant breeding ecosystem and identified where there are opportunities for improvement across different aspects of the PBR system.
This phase provided us with valuable insights and data, allowing us to better understand the challenges faced by PBR applicants and customers and the opportunities for change.
We've heard that real-life case studies can be helpful for people to understand the benefits of a PBR, and how it can apply to their business.
To help you gain a greater insight into what they are and how they work, we've created some case studies as educational resources.
In May 2023 we launched a new look and feel Australian PBR Search.
In April 2025 we updated the PBR Manual of Practice and Procedure, replacing the old version. Since then, we have continued to update the manual to support ongoing improvements to PBR services and processes.
The new PBR Manual provides clear and detailed guidance for IP Australia staff examining PBR applications, helping to improve the consistency and efficiency of examination services.
It includes practical examples of PBR principles and serves as a consolidated source of technical information for IP rights professionals. The manual is actively maintained and is updated as PBR processes, systems and guidance evolve.
Workshops with Qualified Persons
In November and December 2022, more than 40 Qualified Persons (QPs) attended workshops with us to discuss the current processes in PBR and ideas for the future.
Read the workshop outcomes and findings report
The report presents the findings from workshops that were focused on testing our research findings directly with QPs, capturing feedback and perspectives from QPs, and working with them to explore ideas for the future.
In November 2025, more than 70 QPs attended workshops with us to discuss current PBR processes, receive training and guidance, and explore future improvements to PBR digital services.
The workshops provided training and information for QPs, shared key updates on PBR reforms, and sought feedback on proposed digital service improvements, including a proof of concept for the new QP portal.
Read the QP training and information workshops November 2025.
We partnered with Swinburne University's Centre for Transformative Innovation to conduct research about the economic impact of PBR. The research found:
- Purpose: We wanted to get a better understanding of the users of Australia's PBR system and economic impact of PBR.
- Released: 2022.
We partnered again with Swinburne University's Centre for Transformative Innovation to conduct a survey focused on the costs of pursuing a PBR and how PBR incentivises investment and commercialisation of new plant varieties.
- Purpose: Understanding the economic impact of plant breeder's rights in Australia and review the costs and economic benefits of PBRs in Australia (summary).
- Released: 2023.
The report of this study and a visual summary, are now available.
In 2022 we commissioned reports to explore the evidence base for changes to the PBR legislation.
Purpose: The reports cover the following topic areas:
- information notice scheme
- exhaustion of PBR
- harvested material
- labelling requirements
- plant variety names and synonyms
- essentially derived varieties (EDVs).
Released: 2022.
Between October 2021 and early January 2022, we held 70 interviews with people and businesses directly involved in plant breeding or playing a role in the broader plant breeding ecosystem.
At the same time, the team had another 30 targeted conversations with people and organisations who had different connections with the PBR system.
- Purpose: The report provides a snapshot of the feedback and consultation, summarising a wide variety of perspectives and concerns.
- Released: 2022.
Watch our Director General, Michael Schwager, present a review of PBR, intellectual property and the agricultural economy at the 2022 conference.
View our Director General's speech
We'd like to thank all our stakeholders who have engaged with us and contributed to the reform program.
In July 2026, we launched a new QP portal to give QPs a dedicated online service for managing plant breeder's rights applications. The portal allows QPs to manage applications, submit pre-examination trial agreements and lodge detailed variety descriptions.
In September 2026, we launched a new digital Part 1 form to make it simpler for customers to lodge applications online. The form guides customers through the filing process, reduces duplication and brings multiple forms into one streamlined digital experience.
The new form is available in Online Services.
If you'd like to learn more about our PBR work, get in touch with our PBR reform team.