PVPO Program Requirements

PVPO administers the Plant Variety Protection Act of 1970 (as amended in 2018) which provides intellectual property protection for new varieties of plants.  It is a fee-for-service program. Upon receiving applications, we examine them to establish that they are new, distinct, uniform and stable.  We then issue certificates of protection which give owners 20 years (25 for trees and vines) of exclusive rights. The following are general program requirements:

  1. Completion of all application forms.
  2. Payment of fees: A fee of $5,150 must be paid with the application, , which includes the filing, examination, and certificate fee.  These fees are subject to change and are non-refundable.  View our complete list of services and fees.
  3. Provide a variety name that does not conflict with an existing name for that crop; and provide a variety name clearance document with the application. The variety name clearance is administered by the Seed Regulatory and Testing Division (SRTD). To obtain clearance, please e-mail SRTD, or apply online. Here is additional guidance for naming a variety. Another resource is the International Union for the Protection of New Varieties of Plants (UPOV) database.
  4. Deposit of seeds or tissue cultures (i.e. for sexually and tuber propagated varieties):
    1. 3,000 viable untreated seeds of the variety; additionally for hybrids, 3,000 seeds of each parent needed to reproduce the variety.
    2. Live tissue culture samples (for potatoes) of the variety and payment of tissue culture fees.  Ten (10) separate in-vitro plants (1 plant per tube) 4 to 6 weeks old, firmly rooted in one percent agar. It is recommended that plantlets be sent by an overnight delivery service to minimize the risk of damage.  Payment information is listed under services and fees.
  5. Deposit of propagating material for asexually reproduced plant varieties is delayed until January 6, 2023.  The applicant is required to make a declaration that the propagating material will be maintained at a specific location, subject to PVPO inspection when and if requested by the PVPO, the applicant has 90 days to provide the germplasm or risk losing protection.

Additional Resources