Breeder Rights

In all countries except the United States, plant variety protection is in the form of a Plant Breeder’s Rights (PBR).
To be eligible for a grant of PBR, a variety must be:

  • New, although a one year period of prior commercialization is generally permitted within the application territory (except Canada, where no prior offer for sale is permitted).
  • Visually distinct from existing varieties
  • Uniform and stable

Unlike an application for a U.S. Plant Patent (for which plants are not submitted for testing), the Plant Breeder’ s Rights examination phase includes a one, or two, or three year period of comparative growth trials to confirm distinctness, uniformity and stability.

PlantHaven will research the options and opportunities, and make recommendations, for PBR protection in most market territories.