4.3 Form an application must take

Also in this Chapter:

• 4.1 Scope and Nature of Plant Breeder's Rights
• 4.2 Roles in a PBR Application
• 4.4 Variety Denomination
• 4.5 Prior Sales
• 4.6 Priority
• 4.7 Acceptance or Rejection of PBR Application
• 4.8 Provisional Protection

Key Legislation 

Plant Breeder’s Rights Act 1994:

• s26 Form of application for PBR 

Related Chapters 

• 4.2.1 Applicant 
• 4.2.2 Agent 
• 4.2.3 Breeder 
• 4.2.4 Qualified Person 
• 4.4 Variety Denomination 
• 8. Qualified Persons (QPs) 

On this Page

• Overview 
• Details to be provided in the application 
• Attachments 

Overview 

An application may be prepared and lodged by the applicant or their agent. The application must be made in the approved form (s26). The approved form is determined by the Registrar and published in the Instrument of Approved Forms on IP Australia’s website. 

IP Australia will accept an application that includes the particulars specified below and is filed through Online Services using the online Part 1 application form or as a PDF version of the approved form. Where Online Services is unavailable, IP Australia will accept applications submitted via facsimile as alternative lodgement. The application can only be considered filed when payment is made.

Details to be provided in the application 

The Part 1 application form must contain: 

• the applicant’s name and address (see 4.2.1 Applicant); 
• the agent’s name and address, if the applicant has nominated an agent to act on their behalf (see 4.2.2 Agent); 
• an address for service located in Australia or New Zealand.
• if the applicant is the breeder of the variety, a statement to this effect (see 4.2.3 Breeder); 

• if the applicant is not the breeder, the name and address of the breeder and particulars of the breeder’s assignment of the right to make an application for PBR to the applicant;

• the name of the candidate variety (see 4.4 Variety Denomination); 

• a brief description and photograph of the candidate variety sufficient to establish a prima facie case that the variety is distinct from other varieties of common knowledge; 
• the name of the location where the variety was bred; 
• the names of any parent varieties involved in breeding the candidate variety; 
• the name and any synonyms that any parent variety is known or sold in Australia; 
• details of any PBR granted in Australia or in any contracting party (UPOV member nation) for any parent varieties; 
• a brief description of how the candidate variety was bred; 
• details of any application for the candidate variety in any contracting party (UPOV member nation) outside of Australia; and 

• the name of a Qualified Person (QP) (see 4.2.4 Qualified Person and 8. Qualified Persons (QPs))) who will verify the particulars of the application, supervise any test growing of the candidate variety and prepare a detailed description of the candidate variety. 

   

Attachments 

The Part 1 application form should include any supporting documents required for the application.  The Online Services electronic form allows evidence to be uploaded through the form while applications lodged using a PDF version of the approved form must include any supporting evidence as attachments. Attachments will typically include:

• A copy of the transfer of ownership documentation from the breeder to the applicant, if the applicant is not the original breeder; 

• A supplementary form to add additional applicants and or breeders (for applications lodged using an electronic document only; electronic forms allow unlimited additional applicants and breeders)

• A photograph of the candidate variety showing its distinguishing characteristics; An application fee if the application is being submitted by post. 

NOTE: An application cannot be considered filed, and a filing date cannot be assigned to an application, until the application documents and payment have been received by IP Australia.