Maintaining a Plant Variety Right
It is your responsibility as a variety Rights applicant or Rights holder to protect and maintain your interests in any protected variety.
All requests can be submitted online through our Maintain a PVR for
- Change of ownership
- Adding information to the PVR application
- Change Agent / Case Contact
- Withdrawal of variety under application
- Surrender of granted PVR
- Propose new denomination for a granted PVR
The above services can be accessed from your inbox.
Renew a PVR
The Plant Variety Rights are issued for a term of 20 or 23 years (see Terms of a Plant Variety Right), but a grant will only remain in force as long as you pay the annual grant fee.
The renewal notice is sent to you online one month before the anniversary date.
You then have a further one month after the anniversary date to make payment and renew your PVR before a proposal to cancel letter is sent. Following the proposal to cancel you have 28 days to renew or surrender your PVR before the Right is cancelled. Renew a PVR through our online renewal service.
Watch out for Unsolicited IP services asking you to pay money. Read more...
Where ownership of a protected variety changes, the owner/applicant must notify and provide adequate documentary evidence to the Commissioner to register ownership (title) of that right.
You can notify and provide documentation of the change of ownership of a PVR online.
You can file a notice of the following changes online with the Commissioner. These changes will be recorded against client’s details level not at the IP level.
- Address for service,
- Business or residential address,
- Communication address,
- Name on the PVR register.
The agent/case contact is the equivalent of an address for service as stated in the Plant Varieties Act 1987, changing the agent field will also change the details for the application/designation contact.
You can notify and provide an authorisation of agent for your professional representative (agent) to be assigned to, or change for, a PVR.
You can provide the following additional information about your variety.
Propose Denomination Propose a denomination for your variety.
Upload Additional Document(s) such as:
The authorisation of agent document or other document that states that a variety owner assigns authority to an agent for that variety.
Availability of plant material
Growing trial information that advises location and establishment of a requested growing trial. Notification of supply of plant material to the required test site. Information regarding the inability to supply requested varieties.
Evidence of ownership
Documentary evidence to establish that the owner/applicant is indeed the variety owner where the owner is the successor-in-title of the breeder or there has been a change of ownership.
The certificate from a seed laboratory
Notification that requested plant material required for testing has been imported or notification of any issues or delays with respect to quarantine matters
Certified true copy of an application in the country/authority where priority may apply
Photographs obtained from the growing or other trial
Notification that plants in a growing trial are suitable for DUS evaluation or at a specific growth stage requested by the office. Information regarding trial problems e.g. poor growth, natural events, management errors.
Withdrawal of a variety from application is voluntary and at the discretion of the variety owner.
A variety which has been withdrawn may still be eligible for Plant Variety Rights if a reapplication is made.
You can make an online withdrawal of your application.
Surrender of a granted variety is voluntary and at the discretion of the variety owner.
The surrender of a variety should not be confused with a cancellation of a variety. A Surrender is a voluntary action by the variety owner where a cancellation is an official action by PVRO in response to a breach of the PVR Act 1987.
You can make an online surrender of your granted plant variety right.
A new denomination can be proposed after grant and the standard recommendations with respect to an acceptable denomination will be applied as followed for a proposed denomination at application. In addition to the application of the standard recommendations, the Commissioner will have to be clear with respect to the owner’s intention for the proposed change. To assist this process, a substantive reason for the change will need to be provided by the variety owner. The decision of whether or not to accept or decline the change is that of PVRO.
You can propose a new denomination of your granted plant variety right online.