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Timeframes and fees
Before you apply, consider how long it takes to apply for a PBR and how much it costs.
Check the IP search databases
We recommend that you begin by speaking with others in your industry to see what varieties have been developed.
In addition, you can use online IP search databases to look up the details of IP rights filed by others. You should search:
- the internet
- IP search databases, both Australian and international.
Australian PBR search
The Australian plant breeder's rights database contains details of existing PBR. There are many ways you can search — including by variety, genus or species, common name, synonym, title holder, application number, agent, status or time frame.
We don't capture details of pending applications in the database. If you'd like to learn about varieties in the process of being protected, you can contact our examination team.
There are two ways you can search:
- Quick search
- Advanced search
We recommend you start a search by genus or species. For example, if you search for 'rose', you'll see results for 'Pink Rose', 'Rose Butterfly' and 'Primrose Petite'.
To look for a specific variety, use extra fields to narrow down your results.
Australian trade mark database
You'll also need to check the proposed name of your variety hasn't already been registered as a trade mark.
Start with a broad search of your name to bring up any relevant results. To narrow these down, set your search criteria to:
Class: Class 31
Status: Pending or registered
Kind: Word, fancy.
International plant search databases
If you intend to sell your variety internationally, or think that it may have already been registered in another country, you'll need to do an international search.
Search international plant breeder's rights
Not all authorities submit registered varieties to the central international database. If you can't find the intended country in the database, you may need to contact the country's office for access to their records.
