Filing and prosecuting of applications

In addition to the requirements for filing the application must be accompanied by a combined application form making provision for Plant Breeders’ Rights and/or Variety Listings.  We normally prepare and execute this form.  The application must also be accompanied by the prescribed filing and examination fees, and there is a limited period for submitting propagating material required for testing.

After filing an application for plant breeders’ rights, a formal examination of the application is conducted by the Registrar.  If the application is formally in order, the application is published in the Government Gazette by the Registrar.  Any person may, within a period of six months from such publication, object to the grant of plant breeders’ rights.

The Registrar thereafter submits the propagating material or variety to tests and trials.

The application will remain pending for a period of the order of one to three years until the conclusion of the examination by the Registrar.  Thereafter, if the results of the examination are satisfactory, plant breeders’ rights will be granted and a registration certificate issued.