Instructions for filing a Plant Breeders' Rights Application

The effective date of an application for Plant Breeders' Rights (PBR) is when all items listed in the "Filing Requirements" are received in the Plant Breeders' Rights Office (PBRO). Facsimiles of the Application Form for Filing Purposes – PDF (760 kb) and other documents are acceptable provided original signed copies are submitted to the PBRO within 60 days of the filing date.

Please mail applications and other documents to:

Plant Breeders' Rights Office
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario, K1A 0Y9, CANADA
Facsimile: 613-773-7261

Filing Requirements

  1. Completed application form
  2. Submissions requested in item 10 of the application form:
  3. Fees:
    • Filing fee ($250)
    • Protective direction fee ($50, where applicable)
    • Fee for claiming priority ($50, where applicable)

Sections from the Application Form

  1. Applicant (Section 1): State the name as it will appear on the PBR Certificate. The applicant must be either the breeder or his/her employer, or the legal representative assigned by the breeder. Applicants resident outside of Canada must appoint an agent in Canada. See 10H for additional information on legal representative
  2. Agent (Section 2): The agent for Plant Breeders' Rights must be a Canadian resident and is required for all foreign applicants. An agent is optional for Canadian applicants. Please note that authorizing an agent makes the agent the main contact person for the office and authorizes them to change the status of the application. For example, the agent has the ability to withdraw the application for PBR.
  3. Proposed Denomination/Variety Name (Section 4): Provide a variety denomination at the time of 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 in another country but is being marketed or is known by a particular denomination in that territory, 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. Please 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.
  4. Breeder (Section 5): Indicate the breeder of the candidate variety. If the breeder is not the applicant and is not an employee of the applicant, then the application must be supported by an assignment (evidence of legal representation) from the breeder to the applicant (see number 14 below).
  5. Claiming Priority (Section 7): Priority may be claimed only when the application has been accepted for filing in Canada within twelve months of the filing date of the first application made in another UPOV member country. A fee ($50) for claiming priority must be submitted at the time of application.
  6. Exemption from Compulsory Licensing (Section 9): Exemptions from compulsory licensing will only be granted to allow the applicant sufficient time to multiply and distribute propagating material of the variety. They may be granted for up to two years from the date of grant of rights.
  7. 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 varieties, lines, or clones used;
    • Method of origination, breeding technique, selection criteria used and stage of selection and multiplication, and the propagation method for crops asexually reproduced;
    • Location where breeding was conducted, when and where the initial cross and final cross(es) were conducted/or the variety discovered.
  8. Statement of uniformity and stability (Section 10B): Provide a statement that the variety is uniform and stable. Include description and 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.
  9. Distinctness Statement (Section 10C): Provide a brief summary of the characteristics which distinguish the candidate variety from all varieties of common knowledge. For more details on choosing reference varieties please 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:
    • Names of reference variety(ies) that the candidate variety is most similar to;
    • Comparison between the candidate and reference variety(ies) using the major distinguishing characteristics.
  10. Methods 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;
    • Complete address where the variety will be maintained.
  11. Fees (Section 10E): All fees must be paid in Canadian funds. A Fee Payment for Plant Breeders' Rights – PDF (700 kb) is available for your convenience.
  12. Sample of Propagating Material (Section 10F): Supply a seed sample of crops propagated by seed to the PBRO at the time of filing an application. For sample sizes see Seed Sample Requirements. Vegetatively propagated crops are exempt from this requirement.
  13. Authorization of an Agent (Section 10G): Please submit a separate form for each variety. A generic form (Authorization of Agent) may be used for this purpose.
  14. 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 crop kind and denomination of the plant variety; a letter of assignment signed by both the breeder and the assignee, each in the presence of a witness; and 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. Please submit a separate form for each variety.
  15. Protective Direction (Section 11): This must be applied for at the time of filing the application. Sign and date the designated area on the application form and include an additional $50.00 with your payment. The protective direction serves as a means to protect the candidate variety for a time period extending from when the applicant files for protection and the date when rights are granted. With a protective direction, the applicant is permitted to initiate legal action against any infringements which may occur while the application is pending. Please note, the variety can not be sold commercially while the protective direction is in force, unless it is for scientific research, for multiplying stock for sale back to the applicant, or for part of a transaction involving the sale of a right (see section 19(2) of the Plant Breeders' Rights Act). The protective direction can be removed at any time by contacting the office.
  16. Signature (Section 12): The application must be signed and dated by the applicant, an agent, or legal representative. In the case of a corporation the capacity of the signing officer must be included (e.g. director).