PVPO Program Requirements

PVPO administers the Plant Variety Protection Act of 1970 (as amended in 2018) which provides the authority for PVPO to provide intellectual property protection for new varieties of plants.  It is a fee-for-service program.  Upon receiving applications, the PVPO examines them to establish that they are new, distinct, uniform and stable.  PVPO then issues certificates of protection for the variety which gives the 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.  Variety name clearance is administered by the Seed Regulatory and Testing Division (SRTD). To obtain a variety name clearance, please e-mail SRTD, or apply online.  Here is additional guidance to assist in naming a variety.  Another resource available is the International Union for the Protection of New Varieties of Plants (UPOV) PLUTO database.
  4. A seed deposit or plant tissue deposit (i.e. for sexually and tuber propagated varieties) is required.  Information on the requirements for deposits can be found here:  NLGRP Deposit Instructions and Forms.
  5. The 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 Germplasm Information

1. Do I need to send a germplasm deposit (voucher sample)?

Yes, an applicant needs to provide a voucher sample.  View Instructions for depositing seed and potato plantlets.  Seed samples must be deposited within 3 months after the filing date and must consist of 3,000 untreated seeds that germinate at 85 percent or greater.  Tissue culture samples for tubers will be requested by the PVPO before the issuance of the Certificate with the procedures and costs explained at that time.

2. What are germplasm deposits (voucher samples) used for?

Voucher samples are used by PVPO if a question arises about the validity of the variety description.  Seed and potato plantlets are sent to the National Laboratory for Genetic Resources Preservation (NLGRP) in Fort Collins, Colorado.  The memorandum of understanding between PVPO and NLGRP states that these samples will be kept separate from the USDA Genebank collection during the term of plant variety protection.  When received by NLGRP, their staff counts the number of seeds in the sample and tests it for germination rate.  If the seed sample is less than 3,000 seeds or has a low germination rate of less  than 85%, then this is reported to PVPO for seed replenishment from the applicant.  Seed samples are placed in long-term cold storage according to practices established by NLGRP.  Potato plantlets are stored in tissue culture as micro tubers.  Shoot meristems are also cryopreserved in long-term storage.

3. Can others get PVP germplasm deposits (voucher samples)?

Seed and potato samples are unavailable to the public until plant variety protection expires or is terminated, at which time the samples are transferred to the USDA Genebank and can be requested by the public.

4. How can I request samples of expired PVP varieties?

Requests of expired PVP varieties can be made at the Germplasm Resources Information Network (GRIN).  Search on the PVP number or variety name.  The USDA Genebank, also known as the U.S. National Plant Germplasm System (NPGS), distributes germplasm to scientists, educators, producers, and other bona fide research and education entities.  The NPGS Curator and/or Research Leader will, following current NPGS policies and procedures, determine the legitimacy of a request when necessary.

5. Why am I required to make a deposit?

Germplasm samples serve as a voucher specimen for use by the PVPO to verify the validity of a variety description, if needed.  The germplasm types are the following:

  • Sexually Reproduced (Seed) Samples - Samples are stored at NLGRP.  The seed samples are kept separate from the general collection during the term of protection.  An applicant is required to provide an original deposit of materials for seed-reproduced plants which shall be made within three months of the filing date.  The deposit consists of 3,000 viable untreated seeds of the variety; additionally, for first-generation hybrids, 3,000 seeds of each parent needed to reproduce the variety in addition to the variety seed sample.  Seed samples from within the U.S. should be shipped to NLGRP via commercial carriers such as Federal Express, United Parcel Service, and others but not the U.S. Postal Service.  The address for NLGRP is the following:

    USDA, ARS, NLGRP
    Attn: PVP Coordinator
    1111 South Mason St.
    Fort Collins, CO 80521-4500
    Telephone: (970) 492-3200
     
  • Asexually Reproduced (Vegetative) Samples - Samples are to be maintained by the applicant or at a repository of their choice during the current three-year delay (all fees are paid by the applicant).
  • Tuber Propagated (Potato) Samples - Samples are stored at the NLGRP.  Live plantlets of the variety and payment of tissue culture fees are required after the notice of certificate issuance is received.  A deposit of ten (10) separate in-vitro plants (1 plant per tube), no more than two weeks old, firmly rooted in one percent agar are required for deposit at NLGRP, which prepares tissue cultures for preservation. It is recommended that plantlets be sent by an overnight delivery service to minimize the risk of damage.  A fee for long-term storage is required, more information is listed under Fees.

Importing Germplasm from Outside the United States

For Sexually Reproduced (Seed) and Tuber Propagated (Potato Plantlets) Varieties, please email NLGRP to request an NLGRP Plant Material Import Instruction letter and importation documents (if required).

Please do not send any plant material until complete instructions are received from NLGRP.  Seed and potato plantlets  shipped without proper documentation from non-US sources may be destroyed.

Additional Resources