Filing Requirements

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An application for Plant Breeder's Rights in Australia is made in two parts. The filing requirements for Part 1 Application include:

  • Details of the applicant(s)
  • Details of the breeder
  • Description (including photograph) of a plant of the variety
  • Name of the variety and any proposed synonym
  • Location at which the variety was bred
  • Details of each of the parent varieties used in the breeding program
  • A Nominated accredited/approved Qualified Person
  • Nominate a Genetics Resource Centre (GRC) in Australia
  • Signed Authorisation of Agent Form

If the Part 1 application is accepted, the plant variety is subject to provisional protection in Australia. You then have a minimum of 12 months to further consider its commercial worth and resolve issues, such as finance and licensing before deciding whether to file for full PBR protection through a Part 2 application.