Plant breeder's rights application checklist

Eligibility

• 1. Are you eligible for a plant breeder's right?

  You can apply if you are the original breeder of a new variety, or if the breeder is your employee.

  You should be an Australian resident, or you can use an Australian agent to represent you. 

• 2. Has your plant variety been on sale already?

  Selling your new variety

  If your plant variety has been on sale for more than one calendar year, then it is no longer new and is not eligible for plant breeder’s rights. The time limit for plants sold overseas ranges from four to six years. These time limits are strictly to the day.

• 3. Have you done a search for your new plant variety?

  Search our PBR database

  Make sure your new plant variety is not already registered. You can search our Australian plant breeder’s rights (PBR) database to double check.

• 4. Will your plant variety meet the criteria for protection?

  Criteria for protection

  Applications for plant breeder's rights (PBR) need to meet three essential criteria. The new plant variety needs to be distinct, uniform and stable.

Apply for a PBR

• 5. Have you chosen a Qualified Person?

  Find a Qualified Person

  You will need to nominate a QP (Qualified Person) when you submit your application. They will oversee the growing trial and complete the detailed description of your new plant variety. We maintain a list of approved QPs.

• 6. Have you chosen a suitable name?

  Naming guidelines

  You will need to list a name for your new plant variety in your Application part 1. The name can’t be in use already, or include any banned words. We have some naming rules to help you choose a suitable name. If you need to get your application in quickly, you can use a temporary name.

• 7. Have you registered for our Online Services?

  Register for Online Services 

  Record your username:  

  To start your plant breeder's rights application, it's recommended that you register for eServices. This is a cost effective way to keep all your files in the one place. Ongoing, you can use it to maintain and renew IP rights, too.

• 8. Are you ready to submit Application part 1?

  Application part 1

  Application part 1 must be submitted within the first year of your new plant variety going on sale in Australia.  It covers your initial case for breeder’s rights and the name of your new plant variety. You also need to include your details, and your qualified person (QP) details.

  There is an application fee, and several forms, which you submit online. Once your Application part 1 is formally accepted by us you are covered by provisional protection.

• 9. Have you planned the growing trial?

  Growing trials

  The comparative growing trial determines whether your new variety is distinct, uniform and stable, and qualifies for plant breeder’s rights.

  You and your qualified person (QP) are responsible for all aspects of the growing trial. You can do the trial yourself, or have it done at a Centralised Test Centre (CTC).

• 10. Are you ready for Application part 2?

  Application part 2

  After you’ve paid the examination fee and we have examined your completed growing trial you can submit Application part 2. It includes a description of your new variety, certification by your QP and confirmation that you have sent propagating material to a genetic resource centre..