Plants produced by “essentially biological processes” (i.e. breeding processes such as crossing and selection) cannot be patented in Europe. However, plants can be protected by plant variety rights (known as plant breeders’ rights in the UK).
Our team of specialist attorneys can obtain protection for your plant varieties in the UK, Europe and further afield. We have significant experience in drafting applications for plant variety rights, and help clients to enforce their rights, once they have been obtained.
In order to obtain a UK or European right, the variety must be new, meaning that there has been no sale of the variety in the UK or EU earlier than one year before the date of application. It is also important that the variety has not been sold in any other country, earlier than four years (for trees and vines six years) before the date of the application. The variety must also be distinct, uniform and stable.
Since Brexit, we have registered as representative for many Retained EU Plant Variety Rights. We file new UK rights applications for our clients, and advise on strategies to obtain protection for plant varieties in Europe, and further afield.
On Wednesday 18 June 2026, after years of discussion, the EU Parliament approved the New Genomic Techniques (NGT) Regulation, following the text provisionally agreed in December 2025.
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"This is an important decision on many levels. In finding against NCP, the court has given clear, seminal guidance on the correct interpretation of essentially derived varieties under UK legislation."
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Plant breeder’s rights (PBRs) have entered the litigation spotlight in the UK with the recent decision in the case between Nador Cott Protection SAS (NCP) and Asda Stores Limited & International Procurement and Logistics Limited (IPL).
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Plant breeder’s rights (PBRs) for new plant varieties are granted by The Animal and Plant Health Agency (APHA) in the UK. A separate application is required to add a plant variety to the UK national list so that it can be marketed in the UK.
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Plant Variety Rights (PVRs), or Plant Breeder’s Rights (PBRs) as they are known in some countries, are intellectual property rights which protect new, distinct, uniform and stable plant varieties including genetically modified plant varieties.
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In December 2025, the EU Council and Parliament reached a provisional deal to create a new legal framework for New Genomic Techniques (NGTs) in plant breeding. Signalling a major shift for EU agri-food innovation - our experts break down everything you need to know about the potential new agreement.
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The APHA has announced increases for a number of fees relating to the filing of applications for plant breeders’ rights and Great Britain and Northern Ireland variety listings, which will take effect from 1 February 2026. Our experts break down the fee changes.
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Can you get patent protection for a new engineered plant? As long as the plant is not produced by essentially biological processes then yes. However, change might be on the way. In this article we discuss the proposed EU regulation for the release of plants produced by new genomic technologies and specifically how this regulation might affect the previously established Biotech Patent Directive and the protection available for new plants.
Read more The mere thought of missing a priority deadline is likely to bring a patent attorney out in a cold sweat but fortunately the world of plant varieties is slightly more lenient as two decisions in Italy highlighted recently.
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In this episode of the Green Shoots Podcast, Appleyard Lees patent attorneys James Myatt and Jack Braithwaite explore the plant-based meat industry through the lens of patent data.
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Following contact made with Retained EU Plant Variety Rights holders last year, the Animal and Plant Health Agency (APHA) have now started to send final letters to holders of Retained EU Plant Variety Rights indicating that if the UK rights are to be retained a UK address for service must be appointed by 29 February 2024. After this deadline the Controller may proceed to terminate these rights.
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