PBR - from filing to grant
FPA Patent Attorneys can assist with the requirements for filing a PBR application. A PBR application is filed in two parts:
Part 1 - Formalities
- Completed Part 1: Application for Plant Breeder’s Rights – General Information
- Photograph(s) of variety
- Ownership details (if the applicant is not the breeder of the variety)
- Certified copies of overseas applications (if relying of an earlier priority date)
- Nomination of Qualified Person
- Authorisation of agent
The Part 1 form sets out details of the applicant and breeder and must indicate how the variety meets the DUS requirements. Details of the proposed variety name are also provided in this form. If the applicant wishes to rely on an earlier priority date (no more than twelve months earlier), details of any other overseas applications are also detailed.
A certified copy of any applications made which the applicant intends to rely on must be provided to the office within 3 months of making the application.
A Qualified Person (QP) is an accredited expert in a particular plant grouping to certify applications for a PBR. We can assist you in identifying and engaging a suitable QP to oversee the technical aspects of your application process.
Once the formalities are completed the application will be 'accepted' and the plant variety will be covered by provisional protection against infringement.
Part 2 – Examination
Completed Part 2
The Part 2 form of the application provides evidence in support of the claims made in Part 1, and must be completed and filed within 12 months from Part 1's acceptance. Part 2 is generally completed by the QP who is also required to provide a certificate verifying the particulars of the description.
An opposition can be filed by any person who considers that his or her commercial interests would be affected by the grant of the PBR at any time after acceptance of the Part 1 application and up to six months following the publication of completed Part 2 form.