IP roadmap

Your path to protect plant varieties

1

Filing an application
You may file an application
for a plant breeders’ rights 2 4 6
Applying for protection Will I have a chance to review
(PBR) certificate with the Plant
the description of my variety
Breeders’ Rights Office (PBRO) Grant of rights
at the Canadian Food Inspection
Individuals and corporations Application processing Examination to verify before the publication?
can apply. compliance
Agency (CFIA). If no one files an objection
The PBRO will process your Yes, the PBRO will send you or
If the applicant resides application and send you a The PBRO examiner will your agent a draft of the variety during the 6-month objection
To obtain a filing date, you must outside Canada, an agent period after the description
notice that your application determine whether your description for review before
include the following in your residing in Canada is required. is published in the PVJ, your
has been accepted if it meets candidate variety meets publication.
application: variety will be eligible for
the requirements of the Plant the requirements under the
Breeders’ Rights Act or that it is Plant Breeders’ Rights Act. protection.
• a completed and signed PBR Claiming priority (if applicable) incomplete if it does not meet
application form The PBRO will notify you that
the requirements.
• an application fee What is it and what is required 5 the variety is eligible for a grant
• an origin and breeding to claim priority? What happens after I receive of rights, and you will need to
history statement the notice? submit the following:
• a uniformity and • You may request priority Publication
stability statement when you apply if it is within If your notice states that your • a completed Confirmation
12 months of the date an The PBRO publishes the of Grant of Rights
• a distinctness statement application is incomplete, you
application was first filed in Plant Varieties Journal (PVJ), Information form
• the address and method(s) must submit all outstanding
another member country of which contains the details of
for maintaining the variety information within the • the grant of rights fee
the International Union To initiate the examination every PBR application filed or
required timeframe.
• if required, a completed for the Protection of New process, you must submit under examination, every grant
and signed authorization of Varieties of Plants (UPOV). the following to the PBRO: of right and any changes to the
agent form details of a variety, including
• You must provide a 3 7
• if required, a completed and • a request for site changes of ownership or variety
certified copy of the
signed legal representative examination form denomination. Annual renewal
application that was filed
document (i.e. assignment with the first UPOV member Examination request • an examination fee
Following the examination, the
documentation) country, within 3 months of • a request to purchase a You must pay an annual fee
• if the variety is examiner drafts a description on the anniversary of the PBR
the date the application was The CFIA uses the examination foreign examination report
seed-reproduced, the of your candidate variety, certificate’s issuance so that
accepted in Canada. process to determine whether (if you decide to purchase
required quantity of including a summary of its the rights remain valid. If you
you should be granted a PBR the examination report
the seed distinguishing characteristics fail to pay the annual renewal
certificate for your variety. from another UPOV for publication in the PVJ. fee, the rights will be revoked.
Examinations are only member country)
conducted upon request.
For more information on PBR
fees, consult the Canadian
Food Inspection Agency’s
Guide to Plant Breeders’ Rights
in Canada.

© Her Majesty the Queen in Right of Canada, as represented by the Minister of Industry, 2021
Cat. No. Iu71-4/66-2021E-PDF
ISBN 978-0-660-37235-8
Aussi offert en français sous le titre Feuille de route de la PI – La marche à suivre pour protéger les obtentions végétales.