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PLANT VARIETY RIGHTS

Plant variety rights (PVR) allow you to protect a newly discovered or developed plant variety. Read on to find out more about registering and managing PVRs.

How to Register

Read on for more information on the registration process – including registration criteria, application options and forms and fees. 

Here is a quick example of the registration process. Your registration process may vary, depending on your application requirements or if there are opposition proceedings.
registering_plant-variety

The details of each stage of the registration process can be found below.

Step 1: Check Registration Criteria for a Plant Variety Right
Before you apply to register for plant variety protection, please ensure that it is eligible for registration. The new plant variety must meet the following criteria in order to enjoy protection:

  1. New – The variety has not been sold or disposed of, by or with the consent of the breeder:

    • Earlier than 1 year before the date of application in Singapore where the sale or disposal is made in Singapore; and

    • Where the sale or disposal is made outside of Singapore, earlier than 4 years before the date of application (6 years in the case of trees or vines)

  2. Distinct – The variety is clearly distinguishable from other varieties whose existence is a matter of common knowledge at the time of filing of the application. A variety that is of common knowledge does not have to be a protected variety.

  3. Uniform – The variety is sufficiently uniform in its relevant characteristics, subject to the variation that may be expected from the particular features of its propagation.

  4. Stable – The relevant characteristics of the variety remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

  5. Denomination – A denomination is the distinguishing name or identification for the plant variety. The breeder of the new variety has to propose a suitable denomination as its generic designation for approval. Some denominations are not acceptable, for example:

    • Denominations with numbers only

    • Misleading or confusing denominations

    • Denominations that are contrary to public policy or morality

    • Denominations confused with trade mark

Step 2: Apply for a Plant Variety Right

Applying for Plant Variety Protection in Singapore

If you wish to apply for plant variety protection, you should do it at the earliest opportunity as the system in Singapore operates on a first-to-file basis (the first person to file an application will, in general, have priority over others for the same plant variety).

Singapore, is a member of the UPOV Convention , so if you have a corresponding application filed earlier in a UPOV Convention member country, you may claim priority from this first-filed application within 12 months from the date of the first filing. Similarly, if your application is first filed in Singapore, it can be used to claim priority in a corresponding application filed in a UPOV Convention member country, provided that the corresponding application is filed within 12 months from the date of the first-filed Singapore application.

To file your application, you must complete the application form and the technical questionnaire and submit these documents with your payment to IPOS. 

You may also refer to the Submission Guidelines below.

Filing in Duplicate
When filing form PVP 3, the accompanying "Technical Questionnaire" and representations have to be filed in duplicate.
Filing Photographs
  • The following images are required:
    1. Close-up picture of a single flower (attached to inflorescence; taken against a scale ruler)
    2. Close-up picture of a single inflorescence (attached to plant; taken against a scale ruler); 
    3. A picture of the whole plant (taken against a standard 30cm ruler); and 
    4. Any other picture(s) of the plant or part(s) of plant that will distinguish the variety from other varieties. 
  • The representative colour photographs of the variety must meet the following criteria:
    • The photographs (maximum of five representations) should measure at least 15cm x 10cm;
    • The size of the image or object in question should cover as much area of the photograph as possible;
    • Printed photographs should have a non-glossy, matt finish;
    • Instant photographs taken with a polaroid camera are not acceptable
    • Photographs should be taken against a dark or black background, in sufficient light to prevent or minimise distortion to the natural colour of the plant or part(s) of the plant;
    • Printed photographs are to be submitted in a water-proof envelope or bag; and
    • Photographs must be clearly labelled with the Applicant's name, Contact Number, Proposed Denomination of the new variety, and Date of Application.

Application Process for Plant Variety Protection

 

pvp-application-process-flowchart 



Applying for Plant Variety Protection Outside of Singapore

Protection for plant varieties is territorial in nature.

If you wish to obtain protection in countries other than Singapore, you will need to file separate applications in each of these countries as there is no international registration system for plant varieties protection.

Step 3: Forms & Fees for New Applications

Forms pertaining to the Registry of Plant Varieties Protection can be filed via FormSG or in hard copy.

Please provide your email address and Singapore contact number in your submission so that we can provide you with the payment instructions.

Payment shall be made via IP2SG's payment platform. You can expect to receive payment instructions via email within 3 working days after we receive your submission.

Unless otherwise stated, the form shall be treated as filed only when the form, requisite fees and all attachments (if any) are received by IPOS.

Plant Varieties Protection Forms

General Forms

Description Fee Plant Varieties Protection Form
1 Request to change the name and/or address of an applicant for a grant of protection

Request to change the name and/or address of a grantee

Request to change an address for service

S$20
Word IconPVP 1(59KB)

PDF iconPVP 1(44KB)

2.
Filing of a notice of appointment or substitution of procedural representative

Change in name of procedural representative
S$8.50
Word IconPVP 2(57KB)

PDF iconPVP 2(41KB)
3.
Application for grant of protection under section 13 of the Act
S$1,600
Word IconPVP 3(68KB)

PDF iconPVP 3(157KB)

4.

Application to amend an application for a grant of protection

Application for rectification of an error or omission in the Register under section 41 of the Act
S$40
Word IconPVP 4(51KB)

PDF iconPVP 4(38KB)

5.
Notice of withdrawal of application for grant of protection under section 19 of the Act
NIL
Word IconPVP 5(50KB)

PDF iconPVP 5(9KB)
6. Filing of a notice of objection
S$340
Word IconPVP 6(51KB)

PDF iconPVP 6(35KB)
7. Filing of a counter-statement
S$325
Word IconPVP 7(52KB)

PDF iconPVP 7(36KB)
8. Filing of a notice of appearance at hearing
S$650
Word IconPVP 8(50KB)

PDF iconPVP 8(193KB)
9.
Request for examination by Examiner under section 17 of the Act
S$20
Word IconPVP 9(52KB)

PDF iconPVP 9(36KB)
10.

(a) Request to submit examination report by an Examiner in any UPOV member other than Singapore

(b) Request to rely on examination report by an Examiner in any UPOV member other than Singapore

S$20

S$570

Word IconPVP 10(54KB)

PDF iconPVP 10(38KB)

11.
Payment of annual fee and submission of information under section 24(3) of the Act
S$100
Word IconPVP 11(61KB)

PDF iconPVP 11(44KB)
12.
Application to register particulars of a transaction or matter affecting rights in a grant of protection

Application to cancel or amend the particulars of a transaction or matter affecting rights in a grant of protection
S$80
Word IconPVP 12(61KB)

PDF iconPVP 12(150KB)

13.
Application for the cancellation of a grant of protection
S$50
Word IconPVP 13(54KB)

PDF iconPVP 13(38KB)
14.
Notice of renunciation of a grant of protection
S$50
Word IconPVP 14(60KB)

PDF iconPVP 14(44KB)
15.
Request for an extension of time
S$30
Word IconPVP 15(53KB)

PDF iconPVP 15(143KB)

16.

Application for a certified copy of an entry in the Register or a certified extract from the Register under section 40(3) of the Act
S$30
Word IconPVP 16(50KB)

PDF iconPVP 16(136KB)
17.
Filing of an order, declaration or certificate of the Court with the Registrar (other than in relation to an application under PVP 12 or PVP 13)
S$50
Word IconPVP 17(51KB)

PDF iconPVP 17(35KB)
18.
Request for publication of matters under section 15(i)
S$75
Word IconPVP 18(51KB)

PDF iconPVP 18(37KB)
19.
Request to extract the Registrar’s Certificate of Taxation
S$30
Word IconPVP 19(48KB)

PDF iconPVP 19(118KB)
20.
Inspection of register under section 40(2)of the Act for each search per file S$6
NIL
21. GST Form (wef 1 Apr 2017) NIL

Word IconGST(29KB)

PDF iconGST(7KB)

 

 

Technical Questionnaires

Description Agri-Food and Veterinary Authority Forms
1. Technical Questionnaire Baicai Xiaobaicai
Word IconTQ Baicai(212KB)

PDF iconTQ Baicai(112KB)
2. Technical Questionnaire Caixin
Word IconTQ Caixin(207KB)

PDF iconTQ Caixin(109KB)
3. Technical Questionnaire Dendrobium
Word IconTQ Dendrobium(262KB)

PDF iconTQ Dendrobium(113KB)
4. Technical Questionnaire Mokara
Word IconTQ Mokara(301KB)

PDF iconTQ Mokara(110KB)
5. Technical Questionnaire Phalaenopsis
Word IconTQ Phalaenopsis(244KB)

PDF iconTQ Phalaenopsis(106KB)
6. Technical Questionnaire Renantanda
Word IconTQ Renantanda(304KB)

PDF iconTQ Renantanda(109KB)
7. Technical Questionnaire Aranda
Word IconTQ Aranda(301KB)

PDF iconTQ Aranda(110KB)
8. Technical Questionnaire Aranthera
Word IconTQ Aranthera(299KB)

PDF iconTQ Aranthera(109KB)
9. Technical Questionnaire Vanda
Word IconTQ Vanda(299KB)

PDF iconTQ Vanda(111KB)
10. Technical Questionnaire Anubias
Word IconTQ Anubias(176KB)

PDF iconTQ Anubias(104KB)
11. Technical Questionnaire Oncidium
Word IconTQ Oncidium(290KB)

PDF iconTQ Oncidium(104KB)
12. Technical Questionnaire Limnophilla
Word IconTQ Limnophila(192KB)

PDF iconTQ Limnophila(102KB)
13. Technical Questionnaire Jatropha curcas
Word IconTQ Jatropha Curcas(26KB)

PDF iconTQ Jatropha Curcas(25KB)
14. Technical Questionnaire Rice Word IconTQ Rice(147KB)

PDF iconTQ Rice(148KB)
15. Technical Questionnaire Template
Word IconTQ Template(198KB)

PDF iconTQ Template(28KB)

 

Notes on Refund

Refund may be allowed under the following of circumstances:

  • You made duplicate payment for a form. 

  • You filed duplicate forms.

  • You submitted a form which cannot be processed.

Please note that:

  • Refund requests can be submitted via IP2SG.

  • Forms which have been processed are generally not refundable.

  • Request for refund is subject to approval. Submission of a request for refund does not guarantee a refund.

  • You are advised to check your forms carefully before submitting them.

Managing Plant Variety Rights

Form & Fees

Access documents required for filing

Guides

See useful information to aid the filing process

Practice Guidelines & Circulars

Read latest updates from IPOS