Apply for approval of a new plant variety

You can only market a new plant variety that you have bred for food or feed for commercial purposes after the Federal Plant Variety Office (BSA) has completed its multi-year growing trial and you have obtained official variety approval.

In Germany, the Bundessortenamt (BSA) is responsible for the approval and testing of plant varieties.

If you want your breeding result to be approved as a variety, you must apply to the BSA. The BSA first carries out a register examination. In general, varieties must be

• homogeneous in themselves,
• be distinguishable from existing varieties and
• be stable.

In the case of agricultural plant species, the so-called "land cultural value" of the registered variety is also determined in the course of a value test.
A variety has a land cultural value if, in the totality of its value-determining characteristics, it can be expected to bring about a clear improvement for plant cultivation, the utilization of the harvested crop or the utilization of products obtained from the harvested crop compared to the approved comparable varieties. Individual unfavorable characteristics may be compensated by other favorable characteristics.

Value testing requires at least 2 years of test cultivation for most species, and 3 years for cereals, winter oilseed rape and forage crops. Depending on the plant species, the tests are set up at 10 to 20 locations of the BSA, the states, the growers' companies, as well as other institutions.

After completion of the register and value test, a variety committee (3 members) of the BSA decides whether the variety will be granted variety approval and included in the variety list.

Once approval has been granted in Germany, the variety is included in the Community Catalogue of Varieties and is thus approved throughout the European Union.

• Application with technical questionnaire
• power of attorney, if a person representing the proceedings or an authorized person is appointed
• if applicable, proof that the variety has fulfilled the requirements of land cultural value in another Contracting State and has been entered in a register corresponding to the list of varieties

Forms available: Yes
Written form required: Yes
Informal application possible: No
Personal appearance required: No
Online services available: Yes

• The variety is accepted if it is distinct, uniform and stable and is designated by a registerable variety denomination.
• In the case of agricultural plant species, there must also be a land cultural value.

• Appeal

For more information on how to file an appeal, see the notice.

• Administrative court action

You can submit your application for variety approval to the BSA online, by mail, or by fax.

Online:

• Go to the BSA's website and complete the application form.
• To be able to use the forms, you will need
  • Your breeder number (assigned once at the time of application and published in the Plant Variety Bulletin) and
  • a password (will be issued upon request).
• Submit the application online.

By mail or by fax:

• Alternatively, you can print the forms after filling them out, sign them, and mail or fax them to the Bundessortenamt.

If you lack technical information to use the application forms, please contact the Variety Administration in Unit 104 directly.

Deadlines for application per plant species are published on the BSA website.

2 months to 5 years

Depending on the plant species and process type.

The application fee is charged once for each procedure, the registration and valuation fee for each examination year. Monitoring fees are charged annually for approved varieties (reference date: January 1). For the exact fees, please refer to the list of fees and expenses of the BMELBGebV (Section 16: Seed Marketing Act and Plant Variety Protection Act).: Fee from 5.720,00 EUR to 23.020,00 EUR (Information on cost composition can be found here)