Plant Breeder Rights

A Plant Breeder Right (PBR) provides protection for a plant variety that you have developed, refined and ensured is stable. Plant Breeder Rights can cover grasses and turf; field, forage, fruit and forest tree crops; fungi indigenous or exotic ornamental plants; and vegetables.

Obtaining a PBR for a plant variety gives you the exclusive right to produce or reproduce, condition, sell, import or export, use, or stock the propagating material for that plant variety. This covers “any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same essential characteristics can be produced”.

Developing your plant variety can take a substantial investment of time, money, land and effort. Seeking to protect your investment can help ensure its growth and eventual maturation.

Plant Variety Protection Advice

For a PBR to be registrable, the plant variety must be distinct, uniform and stable.

A plant variety’s distinctiveness is shown through comparison with the most similar variety of common knowledge, which is a variety that is known to the public and not simply developed for research purposes. The uniformity of a plant variety is based upon how much the various characteristics of the variety may vary between plants. Finally, a plant variety is considered to be stable if its characteristics remain true across multiple generations.

it can be difficult to assess whether your plant variety is at that point, and it can be a good idea to get professional input to determine if your variety is distinct, uniform and stable enough for PBR to be worth the expenditure.

We are here to help you, every step of the way.

Plant Breeder Rights Application, Filing, Examination & Registration

A PBR Application comprises two stages, both of which have their own unique pitfalls.

The first stage in the application involves preparing a technical document describing the features of the plant variety, as well as its developmental process and family line. We at IP Solved can ensure that the technical document is completed correctly and that it properly captures a true snapshot of the time and effort that you have put into developing your variety. We can also handle all of the submissions to and communication with the PBR Office.

The second stage of the application is a growing trial, which is overseen by a qualified expert who performs an impartial assessment of the qualities and characteristics of your plant variety. We at IP Solved can connect you with a qualified expert, many of whom operate nurseries, orchards or plantations that are capable of hosting growing trials on-site as well.

The process to seeking PBR protection in Australia is complex, but we can guide you the whole way.

Plant Breeder Rights Searches and Advice

In commercialising an already-existing plant variety, a professional PBR Register search provides a strong platform for making informed decisions to help you avoid the risk of infringement.

There are a range of circumstances that affect how an existing PBR may be applied. Did you know that PBR for a specific plant variety may – in certain circumstances – extend to cover dependent or essentially-derived varieties, harvested material, or even products obtained from the harvested material?

And did you know that there are exceptions to what is considered infringement? One such exception allows you to condition and use of farm-saved seed for a crop variety covered by PBR, provided that the appropriate measures are followed.

Knowing where and how to search for relevant plant variety rights is as much an art form as it is a skill – and it can be even more complicated to assess and interpret the search results and draw conclusions. If you are interested in an existing plant variety, it is recommended that a PBR search be professionally conducted to locate and interpret the scope of any existing rights that may hamper your plans.

We here at IP Solved are here to help you minimise the risk of infringement to your business.

Plant Breeder Rights Renewals

Each jurisdiction has its own unique renewal and maintenance schedule that must be adhered to and managed to protect the PBR registration. The management of the renewals that are payable across your IP portfolio is a long-term and on-going process, and can be relatively complex to administer, with potentially disastrous ramifications if the payment of a renewal fee is inadvertently missed.

We have a very experienced and talented Renewals Group that offers cost-competitive renewal services, and makes the process easy for you across all jurisdictions. You are in safe hands.