Apply for plant variety protection

You apply for plant variety protection for a newly discovered or bred plant variety at the Federal Plant Variety Office (BSA).

If you have bred or discovered a new plant variety, you can apply for plant variety protection from the Federal Plant Variety Office (BSA). Plant variety protection is an exclusive right comparable to a patent and protects the intellectual property of new plant varieties.

A plant variety is eligible for protection if it has a variety denomination that can be registered. In addition, it must:

• be different from other plant varieties,
• homogeneous,
• stable and
• be new.

Upon your application, the BSA will check whether all these conditions are met.

If you are granted plant variety protection, only you are authorized to market plants, plant parts or seeds of the protected variety for commercial purposes:

• to place on the market,
• to produce
• import and
• to store.

• Application form
• Technical questionnaire (included in the application form)
• Power of attorney, if a person representing the proceedings or an authorized person is appointed

• You can only apply for plant variety protection if:
  • You or your company live in Germany or have your registered office here.
  • You or your company come from another country and have a contract with Germany or are a member of an association.
  • You come from another country in which German citizens are granted similar rights.
• If you do not live or have your registered office in a contracting country, you can only assert your rights if you have a representative in a contracting country.
• You can only file an application with the Federal Plant Variety Office if you have bred or discovered the variety yourself. If you have a legal successor, this person is also entitled to file an application.
• The variety must be distinct, uniform, stable, new and designated by a registerable variety denomination.

• Objection
• Administrative court action

You can submit your application for plant variety protection to the BSA online, by post or by fax.

Online:

• Go to the BSA website and complete the application form.
• To be able to use the form, you will need
  • your breeder number (published in the Plant Variety Bulletin) and
  • a password (will be issued on request).
• Send the application online.

By post or fax:

• Alternatively, you can print out the forms after completing them, sign them and send them to the BSA by post or fax.

Die Höhe der Prüfgebühr ist abhängig von der Pflanzenart, der die Sorte angehört.: Fee from 1.760,00 EUR to 6.060,00 EUR (Information on cost composition can be found here)

Für bereits geschützte Sorten entsteht eine Jahresgebühr. Die Höhe der Jahresgebühr ist abhängig von der Dauer des bestehenden Sortenschutzes und von der Artengruppe, der die jeweilige Sorte angehört.: Fee from 100,00 EUR to 1.100,00 EUR (Information on cost composition can be found here)