- Home
- 1. Recent Changes
- 2. About this Manual, Quality, and Customer Engagement
- 2.1. Using This Manual
- 2.2 Customer Engagement, Quality Management and Timeliness
- 2.3 Procedures for Updating This Manual
- 3. PBR Process Maps
- 4. Part 1 - Application for PBR and Acceptance
- 4.1 Scope and Nature of Plant Breeder's Rights
- 4.2 Roles in a PBR Application
- 4.3 Form an application must take
- 4.4 Variety Denomination
- 4.5 Prior Sales
- 4.6 Priority
- 4.7 Acceptance or Rejection of PBR Application
- 4.7.1 Prima Facie Case for Breeding of the New Variety
- 4.7.2 Prima Facie Case for Distinctness of the New Variety
- 4.7.3 Breeding Process of the New Variety
- 4.8 Provisional Protection
- 5. Part 2 - Dealing With the Application After its Acceptance
- 5.1 DUS Test Growing in Australia
- 5.1.1 Centralised Testing Centres (CTC)
- 5.1.2 Pre-Examination Trial Agreement (PETA)
- 5.1.3 What to Expect During Field Examination
- 5.2 Overseas DUS Test Reports
- 5.3 Detailed Variety Description
- 5.3.1 IVDS Submissions
- 5.3.2 Further Period to Submit Detailed Description
- 5.3.3 Part 2 Forms and ACRA, GRC Submission
- 5.3.4 Ceasing of Provisional Protection
- 5.4 Public Comments
- 5.5 Withdrawals
- 5.6 Grant or Refusal
- 5.7 Revocation of PBR
- 5.8 Offer to Surrender
- 5.9 Expiry of Plant Breeder's Rights
- 6. Register of Plant Varieties
- 7. Essentially Derived Varieties (EDVs)
- 8. Qualified Persons (QPs)
- 9. Variations and Prescribed Fees
- 10. PBR System User Guides
9.2.2 Change of Applicant
Changes to the applicant
If the right of an applicant to apply for PBR in a plant variety is assigned or transmitted to another person, that person may submit a written request to the Registrar to vary the application so that they are the new applicant (s31(1)).
Requests to vary the applicant of an application for PBR in this manner must be submitted within the following time limits (s31(5)):
a) after the application for PBR has been accepted, but
b) before concluding examination of the application and the conclusion of any objection to the application.
Instructions for IP Australia staff processing variations to the applicant can be viewed at 11.4.16 Variations.
If examination of the application and/or any objection to the application has concluded, affected parties should review the guidance outlined in 9.1 Assignment of Rights and the legislative considerations set forth at s20 and s21 of the Plant Breeder's Rights Act 1994.
Changes to applicant details
A variation to an applicant's address details may be requested at any time and there is no charge.
The street and/or postal address of the applicant or co-applicant may require changing.
Examiners should follow the process outlined at 11.4.16 Variations - Processing changes to applicant address details to process such changes.
Please note that changes to an agent's details are covered under 9.2.1 Change of Agent, with the procedures for processing such changes outlined under 11.4.16 Variations - Processing variations to an agent.
Changes to the ownership of a plant breeder's right (assignment of rights) are covered under 9.1 Assignment of Rights with the corresponding procedures detailed under 11.4.16 Variations - Processing an assignment.
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Content migration |