Last updated: 
19 April 2018

Applying for plant breeder's rights (PBR) is a staged application process. Application part 1 is the first step, and provides provisional protection for your new plant variety.

Time limits

You can only apply for PBR for varieties which have been commercialised in Australia for less than 12 months. This time is known as the eligible prior sales period. You need to submit your Application part 1 no more than 12 months from the first day that you sold or advertised your new variety. If even one day over 12 months has gone by then you are unable to apply for plant breeder’s rights over that new variety. Sale overseas is permitted for up to four years (or six years for tree and vine (Actinidia (Kiwifruit), Bougainvillea, Campsis, Hedera and Vitis (grapevine) varieties) prior to applying for PBR.

Filing your Application part 1

In your Application part 1 you provide your details, information about the origin of the new plant variety and an initial case for eligibility.

Application part 1 has several required fillable pdf forms:

  • Part 1 General Information (this is the Application part 1 form)

  • Nomination of Qualified Person

  • Authorisation of Agent (if you are using an agent)

  • Supplementary pages (if there is more than one applicant).

Download these forms and fill them in, then go online to submit them, and pay the application fee.

Nomination of Qualified Person

Along with your Application part 1, you have to complete a Nomination of a Qualified Person form. You cannot apply for PBR without nominating an approved Qualified person (QP) to assist with the next steps, including the growing trial and the detailed plant description.

Examination of your application

The examination process checks the formalities of your application, your eligibility to apply and the details of the plant variety itself. Once the application is 'accepted' you are covered by provisional protection. This usually occurs within two months of filing your application if all eligibility requirements are satisfied.

The next stages towards full PBR protection are the comparative growing trial and Application part 2.

More information