Instructions for filing a Plant Breeders' Rights Application

Generalities

The filing date of a Plant Breeders' Rights (PBR) application is when all items listed in the Filing requirements section below are received in the PBR office. Hard copies of the Plant Breeders' Rights Application for Filing Purposes form and other documents are acceptable however electronic copies are preferred. In cases where original documentation is required (for example legal assignments), it must be provided within 60 days of the filing date.

Submit applications and other documents to the Plant Breeders' Rights Office (PBRO) via email at pbr.pov@inspection.gc.ca

Filing requirements

  1. Completed "PBR Application for Filing Purposes" form
  2. Submissions requested in item 10 of the application form:
  3. Fees:
    • PBR Application Filing fee
    • fee for claiming priority (where applicable)

Sections of the "PBR Application for Filing Purposes" form

Applicant information (section 1): state the name as it should appear on the PBR grant of rights certificate. The applicant must be either the breeder, his/her employer, or the legal representative assigned by the breeder (see section 10H for additional information on legal representative). Applicants residing outside of Canada must appoint an agent in Canada (see section 10G).

Agent information (section 2): the agent for PBR must be a Canadian resident and is required for all foreign applicants. An agent is optional for Canadian applicants. Note that authorizing an agent makes the agent the main contact person for the PBR Office and authorizes them to change the status of the PBR application. For example, the agent has the authority to withdraw a PBR application and surrender rights. If the applicant is a foreign applicant, then the PBR application must include an Authorization of Agent form signed by the applicant (see section 10G).

Denomination information (variety name) (section 4): provide a variety denomination at the time of filing the PBR application. It may be a temporary designation or experimental number. A final denomination should be submitted prior to publication of the variety description in the Plant Varieties Journal. If a variety has been protected, or if an application for protection has been filed, in another country, the variety denomination in Canada must be the same as the denomination in the other country(ies). If the variety is not protected or applied for in another country but is known or being marketed by a particular denomination in that country, that same denomination must be used if the variety is protected in Canada. The denomination or any part of the denomination must not be a trademark or similar indication in Canada.

For agronomic crops, note that a variety must be known by only one name in Canada. The name by which a variety is registered under section 68 of the Seeds Regulations in the Variety Registration Office (VRO) must be identical to the name by which the same variety is protected under the Plant Breeders' Rights Act. If in doubt regarding the suitability of a denomination for a new variety, do not hesitate to consult with the PBR Office.

See the PBR Variety Naming Guidelines for more information.

  • Other designations (section 4): list trade names, synonyms and any other name used to identify the variety

Breeder information (section 5): indicate the breeder of the candidate variety. If the breeder is not the applicant, nor an employee of the applicant, then the PBR application must be supported by an assignment (evidence of legal representation) from the breeder to the applicant (see section 10H).

Claiming priority (section 7): priority may be claimed only when the PBR application has been accepted for filing in Canada within 12 months of the filing date of the first application made in a Union for the Protection of New Varieties of Plants (UPOV) member country or agreement country. A fee for claiming priority must be submitted at the time of filing the PBR application in Canada. As well, a certified copy of the preceding application, certified by the appropriate authority and translated into either English or French, must be submitted within 3 months after the claim respecting priority has been filed with the PBR Office. Electronic submissions of the documents directly from the foreign authority are acceptable.

Exemption from compulsory licensing (section 9): an exemption from compulsory licensing will only be granted to allow the applicant sufficient time to multiply and distribute propagating material of the variety. It may be granted for up to two years from the date of grant of rights. A request for exemption from compulsory licensing must be made at the time of filing the PBR application.

Origin and breeding history of the variety (section 10A): the information submitted under this item establishes the origin of the variety and provides a history of how the variety was derived. Where applicable, the following points should be included in the description of the origin and breeding history of the variety:

  • pedigree or genealogy, including
    • parental varieties
    • lines
    • clones used
  • method of origination, breeding technique, selection criteria used, stage of selection and multiplication, and the propagation method for varieties that are asexually reproduced
  • location where breeding was conducted, when and where the initial and final cross(es) and selection(s) were conducted or the variety was discovered

Statement of uniformity and stability (section 10B): provide a statement that the variety is uniform and stable. Include a description and the frequency of any off-types, variants or mutations. Variation may be regarded as part of the variety if it is predictable, capable of being described and commercially acceptable.

Distinctness statement (section 10C): provide a brief summary of the characteristics which distinguish the candidate variety from all similar varieties of common knowledge at the time of filing the PBR application. For more details on choosing reference varieties, see the document, Guidelines for Conducting Plant Breeders' Rights Comparative Tests and Trials. Test results substantiating the distinctness statement are not required at the time of filing. The following items should be included in the distinctness statement:

  • name(s) of reference variety(ies) that the candidate variety is most similar to
  • explanation of how the candidate and reference variety(ies) differ using the major distinguishing characteristics as well as substantiation for the choice of reference variety(ies) by identifying which crop specific grouping characteristics match (if grouping characteristics are applicable).

Method(s) for maintaining the variety (section 10D): the holder of the right is responsible for ensuring that propagating material representative of the variety is maintained for the duration of the right. Provide a brief statement which includes the following:

  • how the propagating material will be maintained throughout the duration of the right (for example what is the propagation method that will be used)

Fees (section 10E): all fees must be paid in Canadian funds. Submit a Plant Breeders' Rights Fee Payment form.

Sample of propagating material (section 10F): supply a viable seed sample of varieties that are reproduced by seed to the PBR office at the time of filing the PBR application. For seed sample sizes see Seed Sample Requirements. Vegetatively reproduced varieties are exempt from this requirement.

Authorization of an agent (section 10G): Submit a separate form for each candidate variety. A generic form (Authorization of Agent) may be used for this purpose.

Evidence establishing the applicant as the legal representative (section 10H): include documentation (letters of administration or confirmation) to support the claim that the applicant is the legal representative of the breeder. The documentation should include:

  • the name and address of the breeder of the variety
  • the common name of the plant species and the denomination of the plant variety
  • a letter of assignment signed by both the breeder and the assignee, each in the presence of a witness
  • the effective date of the assignment

A generic form (Legal representative statement/assignment before the issue of Plant Breeders' Rights) may be used for this purpose. Submit a separate form for each candidate variety.

Signature of applicant(s) or agent (section 11): the "PBR Application for Filing Purposes" form must be completed and dated by the applicant or an agent or a legal representative. In the case of a corporation, the capacity of the signing officer must be included (for example director).

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