Plant Breeder's Rights PQS

TIER 1: includes Product Quality Standards (PQS) that relate to matters which would adversely affect (or have the potential to affect) the validity of the IP Right.

PQS 1 - Correct search and research strategies are adopted

1.1 A correct search strategy is one that is conducted in the most effective and efficient way while ensuring a high probability of finding any relevant results

1.1.1 Identify prior applications for the same variety for eligibility, priority and denomination purposes (s30; s28, s27).

1.1.2 Identify any relevant unacceptable or conflicting varietal denominations, synonyms or trade marks (s27).

1.1.3 Identify relevant taxon and UPOV class (s42, s43).

1.1.4 Identify relevant Technical Guideline/ National Descriptor.

1.2 Append their searches to the file

1.3 Annotate their search/research where appropriate

PQS 2 - All relevant deficiencies are identified

2.1 s30 Acceptance or rejection of an application

2.1.1 Applicant has indicated they are entitled to make the application.

2.1.2 Application complies with the form of the application (s26).

2.1.2.1 Denomination/synonym is acceptable.

2.1.2.2 QP is accredited.

2.1.3 Application establishes a prima facie case for distinctness.

2.2 Actions prior to Grant

2.2.1 Variety not exploited or only recently exploited.

2.2.2 Appropriate comparators identified and adequately documented.

2.3 s44 Grant of an application

2.3.1 A detailed description based on a growing trial, in either Australia or other country according to UPOV technical requirements, has been submitted and published and the mandatory 6-month period of public exposure has elapsed.

2.3.2 The variety is registrable in accordance with s43, including requirements that:

2.3.2.1 The variety is distinct.

2.3.2.2 The variety is uniform.

2.3.2.3 The variety is stable.

2.3.3 Grant of PBR is not prohibited in accordance with s42.

2.3.4 The Australian right has not been granted to another person.

2.3.5 Material of the variety is deposited in a genetic resource centre.

2.3.6 If required, variety has been supplied to a herbarium.

2.4 Variation of application

2.4.1 s31 requests for variation of application in relation to technical matters.

TIER2: includes Product Quality Standards (PQS) that relate to matters which would require a considerable amount of rework and/or inconvenience to the owner or IP Australia.

PQS 3 – Reports are comprehensive and informative

3.1 Provide reasoning in relation to deficiencies raised

3.2 Be written in plain English appropriate to the context

3.3 Use the relevant word processing paragraphs and format, where appropriate

3.4 Be structured with appropriate headings and subheadings

3.5 Give appropriate options

3.6 In addition to the above, further reports will address relevant outstanding matters (including where the comparative trial has not
established DUS), and acknowledge, and respond appropriately to, all relevant submissions

PQS 4 Reports are free of invalid deficiencies

4.1 s30 Acceptance or rejection of an application

4.1.1 Applicant is entitled to make the application.

4.1.2 Application complies with the form of the application (s26).

4.1.2.1 Denomination/synonym is acceptable.

4.1.2.2 QP is accredited.

4.1.3 Application establishes a prima facie case for distinctness.

4.2 Actions prior to Grant

4.2.1 Variety not exploited or only recently exploited.

4.2.2 Appropriate comparators identified and adequately documented.

4.3 s44 Grant of an application

4.3.1 A detailed description based on a growing trial, in either Australia or other country according to UPOV technical requirements, has been submitted and published and the mandatory 6-month period of public exposure has elapsed.

4.3.2 The variety is registrable in accordance with s43, including requirements that:

4.3.2.1 The variety is distinct.

4.3.2.2 The variety is uniform.

4.3.2.3 The variety is stable.

4.3.3 Grant of PBR is not prohibited in accordance with s42.

4.3.4 The Australian right has not been granted to another person.

4.3.5 Material of the variety is deposited in a genetic resource centre.

4.3.6 If required, variety has been supplied to a herbarium.

4.4 Variation of application

4.4.1 s31 requests for variation of application in relation to technical matters.

TIER 3: includes Product Quality Standards (PQS) that relate to matters which are important in terms of quality of the product.

PQS 5 - Written formalities are complete and correct

5.1 Reports are presented professionally

5.1.1 Reports are free from frequent or serious spelling or grammatical mistakes.

5.1.2 Reports are free from inconsistencies.

5.1.3 Format and details of the report are correct.

5.2 Forms and database filled out correctly

5.2.1 PBR database(s) and acceptance and grant check lists are filled out appropriately.

5.2.2 Field Examination Reports are completed appropriately.

5.2.3 Decisions regarding the requirement for field examination are fully supported by a prescribed risk assessment.

Effective Date: 01 July 2013

Last updated: 
29 April 2016