Ready to start your application?
Create an account in Online Services to apply for a PBR.
Step 1: Do your research
Before applying, make sure you understand:
- what a PBR will provide for you
- that the plant variety must have undergone a breeding process and be new or within a prior sale period
- that you must demonstrate distinctness, uniformity and stability of your variety with a growing trial
- that you must engage a Qualified Person (QP) and what their role is
- the fees associated with the multiple stages of application.
Step 2: Search existing PBRs and trade marks
Conduct a search of existing PBRs to make sure the name is still available. You'll also need to search existing trade marks to make sure the name you are considering is not already part of someone else's trade mark.
Step 3: Engage a QP
You'll need the services of an accredited QP with expertise in the type of plant you want to register. We recommend engaging someone early in the process to help ensure that everything goes smoothly.
Step 4: File part 1 of your application
You can apply for a PBR electronically via Online Services or PRISMA or by post using a printed PDF form.
Through Online Services, there are 2 ways you can complete and submit your application for a PBR – either using an electronic form or by lodging a completed PDF form.
When applying via Online Services, you will be guided through completing your Part 1 application, which includes nominating your QP:
- photograph(s) of the variety
- paying the application fee.
If you are applying using a PDF form, make sure you have the following information and supporting documents ready:
- a completed Part 1 application form
- evidence of transfer of ownership from the breeder to the applicant, if the applicant is not the original breeder
- any required supplementary pages or supporting information (if applicable)
- photographs showing the distinguishing characteristics of the variety
- payment of the applicable application fee
- if you have more than 3 applicants and/or breeders, you will need to complete the Additional applicants and/or breeders for an application for plant breeder's rights.
Note: If you apply using the electronic form, you will be prompted to provide the required information, attachments and payment details as you progress through the application.
Alternatively, you can print out the completed PDF form and file a hard copy via post. Fees may vary when applying by post.
For protection in Australia and overseas, apply via PRISMA – the international PBR application tool, run by the Union for the Protection of New Varieties of Plants (UPOV).
Additional costs apply when applying via PRISMA.
Step 5: We'll examine part 1 of your application
We'll examine your application and contact you if we need any clarification or identify any issues.
If we identify any issues with your Part 1 application, we'll send you a Part 1 Examination Report outlining the matters that need to be addressed before your application can proceed.
The report will explain what information, clarification or amendments are required and include instructions on how to respond. It is important that you respond within the timeframe specified in the report to avoid delays to your application.
If your Part 1 application is accepted, you're covered by provisional protection against infringement backdated to the filing date.
Step 6: Respond to a Part 1 Examination Report
You can respond to a Part 1 Examination Report through Online Services by navigating to Plant Breeder's Rights > Examination > Respond to an examiner's report.
If amendments are required, upload the amended documents and any supporting information as part of your response. We will review the information you provide and may contact you if further clarification is required.
Note: After your Part 1 application is accepted, you and your Qualified Person (QP) will usually need to demonstrate that your variety is distinct, uniform and stable. In most cases this is done through a comparative growing trial.
Step 7: Send a specimen to the Australian Cultivar Registration Authority
If your variety is an Australian native species, you'll need to send a specimen to the Australian Cultivar Registration Authority.
Step 8: File part 2 of your application
You'll need to:
- complete and submit application part 2, and make sure your QP submits the detailed variety description through the QP portal
- pay the examination fee
- deposit propagating material in a genetic resources centre
- submit the confirmation of submission to a genetic resource centre form
- submit the certification by a Qualified Person form.
Step 9: We'll examine part 2 of your application
We'll examine your application, and an examiner may visit your growing trial site.
We'll publish a description and photograph comparing the new variety with the most similar varieties in the Plant Varieties Journal.
This is followed by a 6-month period for objection or comment. During this time, you'll need to pay the certificate fee.
If we don't receive an objection, and we are satisfied that your application meets the requirements, we will proceed to grant your PBR or consider refusal. If granted, you'll receive a certificate of PBR.
Step 10: Receive your PBR and signal protection with a PBR logo
Once your PBR is granted, it's important to label the variety and other plant material with the PBR logo and the official wording. This signals to competitors that you hold the rights.
You should use this for entries in catalogues as well as on labels.
