In Australia , plants can be protected under both Patents and Plant Breeders’ Rights systems. However, 'plant varieties' are excluded from patentability in New Zealand. Further information available at Protecting plant varieties in Australia and New Zealand.
Legislation covering the protection of plant varieties vary significantly from country to country. In many countries, plant varieties are expressly excluded from patent protection and can only be protected under the plant variety legislation.
FPA Patent Attorneys can advise you on appropriate strategy to protect your Plant Variety under both the PBR and Patent systems in Australia and overseas.