Applying for Plant Breeders' Rights: 3 part process

Part 1: file an application

Persons interested in protecting a new plant variety under Plant Breeders' Rights must first complete an application form. The accepted date of an application is the date the completed application form, application fee and supporting documentation are received by the Plant Breeders' Rights (PBR) Office. Original copies of the application form and supporting documentation are required, except when an application is submitted through the International Union for the Protection of New Varieties of Plants (UPOV) PRISMA application tool. Please note copies and facsimiles are acceptable to establish a filing date.

• Instructions for filing a Plant Breeders' Rights application
• Plant Breeders' Rights - Application for Filing Purposes
• Plant Breeders' Rights Fee Payment Form
• Seed Sample Requirements (vegetatively propagated crops are exempt from this requirement)
• Authorization of Agent form (where applicable)
• Legal Representative Statement/Assignment before the issue of Plant Breeders' Rights (PBR) form (where applicable)

Part 2: examination

A request for site examination must be submitted with the appropriate fee in order to proceed. The examination of an application determines whether the candidate variety meets the requirements for distinctness, uniformity and stability (DUS).

• Guidelines for Conducting Plant Breeders' Rights Comparative Tests and Trials in Canada
  • Plant Breeders' Rights - Request for Site Examination Form
• Purchasing foreign test results in lieu of conducting tests and trials in Canada
  • Request for purchasing foreign distinctness, uniformity and stability (DUS) technical reports

Part 3: grant of rights

The Plant Breeders' Rights (PBR) Office will notify the applicant when the variety is eligible for grant of rights and will require that a confirmation of grant of rights information form and fee be provided at that time. A variety will be eligible for grant of rights after the examination process has been completed and all of the criteria for Plant Breeders' Rights have been met.

• Confirmation of Grant of Rights Information form
• Assignment of Plant Breeders' Rights form (to be used when a change in holder occurs after the variety has been granted rights in Canada, where applicable)