Timeframes and fees: application part 2

There's a two-part process to a plant breeder's right (PBR) application in Australia. Here's how long it takes to have part 2 of your application accepted, and how much it costs.

The application process

This is the process for granting a PBR:

  1. You conduct a growing trial to demonstrate your variety is distinct, uniform and stable
  2. You submit part 2 of your application
  3. We examine your growing trial and application
  4. We publish the variety's description
  5. If no-one objects your application, all fees are paid and there are no other issues, we grant it.

Application part 1

Application part 2

  • 1. Growing trial
  • 2. Application part 2
  • 3. Examination part 2
  • 4. Public notification
  • 5. Grant

1. Growing trial

In most cases, you and your Qualified Person (QP) will need to conduct a growing trial after part 1 has been accepted.

The results of the trial are used to determine whether your
new variety is distinct, uniform and stable, and qualifies for plant breeder’s rights.

You can do the trial yourself, or have it done at a Centralised Test Centre (CTC).

Average application times per variety

The timeframe for growing trials varies depending on the kind of species of plant you're testing.

For instance, the average time for common plant varieties are:

  • Wheat varieties — 3 to 6 months

  • Rose varieties — 1 and 1/2 years

  • Apples — 4 years

  • Mangoes — up to 9 years.

2. Application part 2

Once you've completed your growing trial, your QP will submit a description of your variety for publication in the Plant Varieties Journal. One of our examiners will likely visit the growing trial to verify your claims.

You'll need to work with your QP to complete and submit:

  • Application part 2 form
  • Certification by a Qualified Person form
  • Confirmation of submission to a genetic resource centre form.
How to apply

3. Examination part 2

We'll need to examine part 2 of your application before we can grant the PBR.

You'll need to pay an examination fee within 12 months of the acceptance of the application part 1 or when you submit the detailed description, if this occurs less than 12 months from the date of acceptance.

Once you've paid the fee, we'll examine your variety and, if successful, publish the plant description.

If you haven't paid the fee after 12 months, your application will be refused and your variety won't be protected.

Extensions

In some cases when a plant has been held in quarantine post entry bio-security, we may adjust the 12 month time limit to when your variety was released. You'll need to provide evidence of this before we can grant an exception.

Request an extension 

Fees

Action  Fee
Examination - single application  $1,610
Examination - application based solely on overseas test data  $1,610

Examination - multiple applications (each)

Applicable only to two or more varieties if:

  • They're examined simultaneously at the same site in Australia, and
  • The applications and descriptions are lodged at the same time by the same applicant and QP.

Trials based on overseas test data may qualify for discount if:

  • Two or more verification trials were simultaneously examined in Australia
  • They're lodged at the same time by the same applicant and QP.
 $1,380
Examination at an authorised Central Testing Centre when one or more candidate varieties of the same genus are tested simultaneously  $920


The examination fee covers:

  • Technical examination of the application including any field examination (if required) or overseas test report
  • Assessment of the description
  • Publication of a description and photograph of your new variety in the Plant Varieties Journal
  • Any other enquiries necessary to establish eligibility for PBR.

Refunds and waivers

Under limited circumstances we may issue a refund or waive fees.

Request a refund or waiver

4. Public notification

Once your application has been examined, we'll publish the new plant variety's detailed description and photograph in the Plant Varieties Journal.

Third parties will then have six months from when the notice is published to object to the grant of your application.

How to respond to an objection

5. Grant

If no-one objects your application, or if you overcome issues, and the $345 certificate fee is paid, we'll grant it and update its status in the Plant Varieties Journal. You'll also receive a grant certificate.

Once granted, it's your responsibility to manage and maintain your PBR. There will be costs associated with this, including an annual renewal fee.

Manage my IP

Cost of documents and certificates

You can order photocopies, certified copies, or duplicates of documents through online services.

If you need your documents urgently, we can expedite postage. Please note, this only speeds up the postage time, not our processing time for your request.

Log in to online services

You can also order a commemorative certificate for display purposes from a third party. The cost starts at $80 (+ GST). Commemorative certificates aren't legal documents and don't replace your official certificate.

Order a commemorative certificate

Overcharged examination fees

Between 1996 and 2022, some applicants may have been overcharged their examination fee for growing trials conducted at a Centralised Testing Centre (CTC).

If you've been impacted, you'll be entitled to a refund.

Have I been overcharged?