eServices help - PBR application

On this page: 

  • Your reference
  • Legal name of the organisation
  • ABN
  • ACN/ARBN
  • The agent acting for this application is:
  • Address for service of legal documents in Australia
  • Application ID number
  • Proposed variety name
  • Select applicants that are also breeders
  • Part 1 Form
  • Qualified person form
  • Photograph
  • Transfer of ownership
  • Authorisation of agent
  • Breeding procedures
  • Additional information
  • Examination
  • Certificate

 

Your reference

Your reference allows you to enter a unique reference of your choice. You can use any combination of uppercase letters, lowercase letters, numbers and special characters.

This reference can be used by you to identify this eServices transaction.

Legal name of the organisation

The legal name of the organisation is the name that appears on all official documents or legal papers. This name may be different from the organisation's trading name.

ABN

An ABN is an Australian Business Number.

ACN/ARBN

An ACN is an Australian Company Number.

An ARBN is an Australian Registered Body Number.

The agent acting for this application is:

You are required to nominate a main contact for your application. The main contact does not need to be an applicant. Correspondence regarding your application will be addressed to the main contact that you nominate.

If the main contact is not already listed as an applicant, you can add the name of the person, agent or authorised signatory to your application (e.g If you have selected an organisation as your main contact you can nominate who your correspondence will be addressed to).

Address for service of legal documents in Australia

This is the address where a person can serve legal documents relating to an IP right. This address must be a street address or a post office box located in Australia. It cannot be an overseas address.

Do not provide your home address to IP Australia if you do not want it published online. You can provide an Australian post office box or other valid Australian address as your address if you want to keep your home address private.

Application ID number

When you first apply for a Plant Breeder's IP Right, you receive an Application ID Number. If you need to check a particular number, you can search for it on the IP Australia web site.

Proposed variety name

Enter the proposed name for your new plant variety. A variety name must be a word or words (which can be invented words) and may include in addition, a letter or letters and a number or numbers.

The name must also comply with the International Code of Botanical Nomenclature and subsidiary codes (particularly the International Code of Nomenclature for Cultivated Plants).

The variety name must not:

  • be likely to deceive or cause confusion, including confusion with the name of another plant variety of the same plant class;
  • be contrary to law;
  • contain scandalous or offensive matter;
  • be prohibited by regulations in force at the time of the application; or
  • be or include a trade mark that is registered, or whose registration is being sought, under the Trade Marks Act 1995, in respect of live plants, plant cells and plant tissues.

You can enter a temporary name into this field, however, you will be charged a fee if you choose to change it after it has been accepted.

See Naming a New Plant Variety on the IP Australia website for information on naming a new plant variety.

Select applicants that are also breeders

You must provide the details of the person(s) or legal entities (the breeders) that bred or discovered and developed the variety.

The breeder could be the person(s) or legal entities that:

  • Bred the variety through valid breeding methodologies (including deliberate cross pollination, induced/natural mutation, bulk or pedigree selection within existing variability and genetic manipulation by way of gene insertion)
  • Discovered the plant and developed the new variety through selective propagation.

If the applicant is not the breeder, click 'ADD ANOTHER BREEDER' to provide the details of the breeder. Enter the details of the breeder and click 'SAVE BREEDER'.

Only the breeder of the new variety or a person to whom the right to make a PBR application has been assigned, transmitted by will or by operation of law may apply for PBR registration.

If the new variety was bred in the course of performing duties or functions as an employee, the employer is taken to be the person having done the breeding.

There is no limit on the number of breeders you can have.

Part 1 Form

The Part 1 General Information form must be attached to your application. You do not need to complete Section 1 of the form. Successful completion of the remaining sections of this form is a pre-requisite to acceptance into PBR and qualification for provisional protection of the proposed plant variety.

Part 1 is the initial application in which you provide general information and claims about your variety. It is used to establish a prima facie case that the variety exists, is distinct and meets the requirements of PBR.

You can attach mutiple documents in the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Total attachments cannot exceed 100MB in size.

Access Part 1 General Information form through our website.

 

Qualified person form

As part of your application you are required to nominate a qualified person by completing the Nomination of a Qualified Person form. This form can be completed by the applicant or the agent. Qualified people act as an applicant's technical consultant. They oversee the comparative trial and provide evidence that a variety meets testing requirements.

They are not authorised to withdraw/surrender applications or make changes to applicant details.

You can attach multiple documents in the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Total attachments cannot exceed 100MB in size.

Access the Qualified person form through the IP Australia website.

Photograph

Attach photographs to your application that show the distinctive characteristics of the new variety.

The photographs should be comparative, including both the new variety and the comparator varieties. Captions for the photographs should also be included.

You can attach multiple documents in the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Total attachments cannot exceed 100MB in size.

Transfer of ownership

You must attach transfer of ownership evidence if you have indicated that the breeder has transferred the rights to the you as the applicant by assignment, by operation of law/other or by will.

Your evidence should include the particulars of the transfer and a signature. It could also include other documents such as a copy of the will, receipts, court orders, deed of assignment.

You can attach multiple documents in the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Total attachments cannot exceed 100MB in size.

Authorisation of agent

Attach evidence that each applicant has authorised you to submit this application on their behalf. Evidence of authorisation from other applicants must use the Authorisation of Agent form from the IP Australia website.

Where two or more people bred the new variety (either jointly or independently and whether at the same or different times) the Part 1 Application Form must be in joint names.

You can attach multiple documents in the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Total attachments cannot exceed 100MB in size.

Access the Authorisation of agent form through the IP Australia website.

Breeding procedures

To complete the Part 1 Form you may be required to attach additional sheets containing the breeding procedures for the proposed variety nominated in your application.

You can attach multiple documents in the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Total attachments cannot exceed 100MB in size.

Additional information

Attach any additional information to support your application.

Examples of additional information that you could include with your application: certified copies of overseas filing for priority date, cross references, other relevant applications, information about the variety.

You can attach multiple documents in the following file formats: PDF (.pdf), JPEG (.jpg, .jpeg), TIFF (.tif), PNG (.png), TXT (.txt), DOC (.doc, .docx) or XML (.xml). The file can not exceed 20MB in size.

Total attachments cannot exceed 100MB in size.

Examination

Selecting examination indicates that you wish to pay the examination fee at this time.

If you do not select to pay this fee now, you will be requested to pay the examination fee within 12 months of the acceptance of the application.

The examination fee can be deferred for up to 12 months for imported varieties after the variety has been released from quarantine.

Certificate

Selecting Certificate indicates that you wish to pay the Certificate fee at this time.

Successful applicants will be asked to pay the Certificate fee once the description of the variety has been published.

Last updated: 
7 April 2016