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. The PBR and National Listing applications can be made at the same time.
When to file a PBR application for a new plant variety
- An application must be filed within 12 months of a sale/disposal in the UK of propagating/harvested material for exploitation of the variety with consent of the applicant.
- An application must also be filed within 4 years (6 years for trees and vines) of a sale/disposal in any other country of propagating/harvested material for exploitation of the variety with consent of the applicant.
- If filing an application within 12 months of filing a parallel application for the same variety priority can be claimed to the earlier filing date.
- Certified documents of the priority application must be filed within 3 months of the filing date of the priority claiming application.
- Applications can be made at any time but there are specific closing dates for the receipt of plant material for DUS testing which can be found on the APHA’s website.
Making a PBR application
- Applications for a UK PBR are made using UPOV PRISMA by:
- Completing an application form.
- Completing a technical questionnaire.
- Uploading certified priority documents (if claiming priority). These can also be provided up to 3 months after filing.
- Uploading photographs of variety.
- Uploading necessary forms:
- Authorisation of Agent form- if you want/need an agent this form must be filed with the application form. If an applicant is not based in the UK they need to appoint an agent with a UK address.
- Assignment of rights form- completed by the person who has bred, discovered and developed variety (or their successor in title) who wishes to assign their rights to another party.
- Submit application form and pay UPOV PRISMA platform fee.
- Consent is needed for a PBR application for a genetically modified variety if tested/marketed in UK
After filing PBR application
- The application will be published in the Plant Varieties and Seeds Gazette. Rights exist from the date of publication.
- The APHA will issue an application for protection (AFP) number for each PBR application.
- An invoice will be sent for a one-off administration fee, if applying to be added to the Variety List at the same time as the PBR application only one administration fee will be due for both applications.
- If not provided on filing a variety denomination can be submitted to the APHA during the application period
- Within 3 months of the APHA publishing a decision regarding the variety denomination in the Seeds Gazette anyone can file an objection by “making a representation” and paying a small fee
- The UPOV Applicant Monitoring Module (AMM) contains details of pending/granted PBRs.
Distinctness, Uniformity and Stability (DUS) testing
- The plant variety will be tested to check it is distinct, uniform and stable. Details for sample delivery will be communicated by the APHA test centre.
- A DUS testing fee is due for each year of DUS testing.
- The APHA will send copies of the test results. Testing takes:
- 1-3 years for ornamentals depending on the species
- 3 years for trees
- 4 years for herbage varieties
- 2 years for other species
- Alternatively, the APHA may purchase DUS results from other testing offices.
- The APHA will send an invoice to purchase the DUS test report from another testing centre, the fee for this can vary.
Grant
- The APHA will publish a decision on granting a PBR in its monthly Seeds Gazette. A granted PBR will then be added to the special edition of the Seeds Gazette.
- If the PBR is granted or refused anyone can make an objection by making a representation to the APHA within 14 days of the decision being published in the Seeds Gazette.
- Grant certificates for granted PBRs are available in the AMM
- The APHA will grant a PBR within 2 months (according to their website) if the variety has already been DUS tested
Post grant
- Two years after grant anyone can apply for a compulsory licence if the holder of the PBR has unreasonably refused to grant a licence or has imposed unreasonable terms on a licence.
- PBRs can be ended by the holder contacting the APHA or the PBR can be assigned to someone else by completing an assignment of rights form.
