Application Procedures

Step 1: Filing of application documents

Applications shall be part of genera or species in the protection list.

Application documents shall include:

1. Application forms

2. Specification of the variety

3. Photograph(s) of the variety

4. The power of attorney (Any foreigner, foreign enterprise or foreign organization with no permanent residence in China shall appoint an agency to act as his or its agent.)

All the above documents shall be written in duplicate in Chinese, and the electronic version of the Application forms and the specification should be submitted at the same time.

Reception section:

Mail address: the Office for the Protection of New Varieties of Plants, MOA, P.R.China

Room No.712,Nongfeng BuildingNo.96 Dong San Huan Nan Lu,Chaoyang District,Beijing 100122,P.R.China

Tel: +86-10-5919 9398

Fax: +86-10-5919 9396

E-mail: cnpvp@agri.gov.cn

The Office for Protection of Varieties shall refuse to accept any document for variety right application in any of the following circumstances (Rule 12 of IMPLEMENTING RULES FOR THE REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTECTION OF NEW VARIETIES OF PLANTS):

(i)   where the application document is not written in Chinese;

(ii)  where the request, the specification or the photograph is missing;

(iii) where the request, the specification or the photograph is not in conformity with the form requirements as prescribed by these Rules;

(iv)  where the documents are not typed or printed;

(v)   where the writing is illegible or has alterations;

(vi)  the name, address or postal code of the applicant or the contact person is missing or unclear; and

(vii) where an agency is appointed, the power of attorney is missing.

 

Step 2: Payment of Application fee

The applicant may pay the application fee (1000RMB) at the same time when the application for variety right is filed, or within one month from the filing date at the latest.

If the fee is not paid or not paid in full within the time limit, the application shall be deemed to have been withdrawn. More information see Fees page.

 

Step 3: Preliminary Examination

It shall be carried out only after payment of the application fee, normally will be completed within six months after the date of application.

Scope of preliminary examination should include:

(a) whether it is part of the botanical genus or species included in the list of protected plant varieties;

(b) whether it conforms to the provisions of Article 20 of the Regulations;

(c) whether it conforms to the provisions on novelty;

(d) whether the denomination of the new plant variety is adequate.

(e) whether the similar variety or varieties selected are appropriate, and whether the source of the parents of the variety in respect of which an application is filed for variety right and the other propagating materials are open to the public.

If the application is found acceptable on preliminary examination, the examining and approving authorities shall have it published and serve notice on the applicant to pay the examination fee within three months.

Where the variety rights application is found unacceptable on preliminary examination, the examining and approving authorities shall invite the applicant to state his observations or make amendments; where an applicant fails to respond within the time limit or the application is still unacceptable after amendment, the application shall be refused.

 

Step 4: Payment of Examination Fee

Applicant should pay examination fee (2500RMB) within three months after the application pass the Preliminary Examination.

If the fee is not paid or not paid in full within the time limit, the application shall be deemed to have been withdrawn. More information see Fees page.

 

Step 5: Substantive Examination

Substantive Examination is carried out only after the payment of examination fee.

Scope of substantive examination should include:

(a) examination of distinctness

(b) examination of uniformity

(c) examination of stability

Normally, It will take two or more independent growing cycles. Examination of DUS is conducted according to national guidelines. If necessary, the applicant will be required to submit samples of candidate variety and its similar varieties, the requirement quantity and quality of the samples see Material Reqirements page.

Three ways are carried out to examine DUS:

(a) Official Testing (Most of Agricultural crops, Vegetables and Ornamentals);

(b) Inspection on the breeder's trial (Fruit trees, some perennial ornamentals);

(c) Checking on Specification and photoes of the variety (decided by the office).

 

Step6: Granting of PBR

The application is found to be in conformity with criterias on substantive examination, Ministry of Agriculture shall take a decision to grant the variety right, issue the new variety rights title, and have it registered and published.

Where the variety rights application is found not to be in conformity with criterias on substantive examination, the examining and approving authorities shall refuse the application and notify the applicant accordingly.

 

Step 7: Payment of annual Fee

The applicant shall pay the annual fee for the first year within two months from the date of receiving a notification. The subsequent annual fees shall be paid in advance within the month before the expiration of the preceding year.

If the the fee is not paid or not paid in full within the time limit, he or it shall be deemed to have abandoned his or its variety right. More information see Fees page.