Protecting New Plant Varieties

Protecting New Plant Varieties: What Growers and Breeders Need to Know

Innovation in agriculture doesn’t just happen in laboratories or boardrooms—it’s happening every day in fields, greenhouses, and orchards. If you’ve developed a new plant variety, you may be eligible for formal protection through Plant Variety Rights (PVR). This form of intellectual property gives you the exclusive right to produce, sell, and license your variety—adding commercial value and giving you a clear competitive edge.

At Regional IP, we help growers, breeders, and agribusinesses secure this protection across Australia and New Zealand.

What Can Be Protected?

Plant Variety Rights can be granted for any plant variety, including hybrids, clones, and cultivated lines—excluding algae and bacteria. Whether it's a new type of fruit tree, ornamental flower, or hardy grain, you may be eligible to apply if your variety meets four key criteria: new, distinct, homogeneous, and stable.

• New – Your variety must not have been sold in Australia or New Zealand for more than 12 months before you apply. If it's been sold overseas, it must be within the last 6 years for woody plants and 4 years for non-woody plants.

• Distinct – Your variety must be clearly different from any existing variety by at least one identifiable trait (e.g. colour, growth habit, yield, or flowering time).

• Homogeneous – Your variety should be consistent in its characteristics. While minor variations may be allowed, especially in grafted plants, uniformity is still essential.

• Stable – The variety must remain true-to-type across generations when propagated according to its method (sexual or vegetative).

Why It Matters

Plant breeding is a long, labour-intensive process. Securing formal IP protection ensures you, not others, benefit from your hard work. With PVRs, you can license the variety, control its distribution, and prevent unauthorised propagation or sales.

How We Can Help

At Regional IP, we understand the unique challenges of regional and rural innovators. We guide you through the PVR application process—from determining eligibility and preparing documentation to dealing with regulatory bodies in Australia and New Zealand.

Ready to protect your plant variety?
Get in touch with Regional IP today for a free consultation and expert support tailored to your growing business.