How to search existing plant breeder's rights

Before you apply for a plant breeder's right (PBR), you'll need to check if your variety is new to the Australian market.

Check the IP search databases

We recommend that you begin by speaking with others in your industry to see what varieties have been developed.

In addition, you can use online IP search databases to look up the details of IP rights filed by others. You should search:

  • The internet
  • IP search databases, both Australian and international.

Australian PBR search

The Australian plant breeder's rights database contains details of existing PBR. There are many ways you can search — including by variety, genus or species, common name, synonym, title holder, application number, agent, status or time frame.

We don't capture details of pending applications in the database. If you'd like to learn about varieties in the process of being protected, you can contact our examination team.

There are two ways you can search:

  1. Quick search
  2. We recommend you start a search by genus or species. For example, if you search for 'rose', you'll see results for 'Pink Rose', 'Rose Butterfly' and 'Primrose Petite'.

  3. Advanced search
  4. To look for a specific variety, use extra fields to narrow down your results.

Search Australian plant breeder's rights 

Australian trade mark database

You'll also need to check the proposed name of your variety hasn't already been registered as a trade mark.

Start with a broad search of your name to bring up any relevant results. To narrow these down, set your search criteria to:

Class: Class 31

Status: Pending or registered

Kind: Word, fancy.

Search Australian trade marks 

International plant search databases

If you intend to sell your variety internationally, or think that it may have already been registered in another country, you'll need to do an international search.

Search international plant breeder's rights 

Not all authorities submit registered varieties to the central international database. If you can't find the intended country in the database, you may need to contact the country's office for access to their records.