UNDERSTANDING PBR HOME > 3. THE REGULATORY FRAMEWORK > 3.2 APPLICATIONS > 3.2.3 STEPS IN APPLYING FOR PBR >Page 3.2.3 More Info


A breeder (or person authorised to apply under Section 24 of the PBR Act) can apply themselves, however, the expertise of a Qualified Person will be required in respect of certain aspects of the application process and many applicants use the services of the Qualified Person for the entire application because of their familiarity with the process.

The IP Australia has a list of Qualified Persons. A person who thinks that they are suitably qualified may consider applying to the PBR Office to become accredited as a Qualified Person.

Claims of Distinctness, Uniformity and Stability (DUS) are essential elements in determining eligibility for Plant Breeder's Rights. Claims made in Part 1 of the Application Form must be substantiated in Part 2, together with any additional claims being made in Part 2.

If the Part 1 claims for distinctiveness are not substantiated, the Qualified Person will need to provide a written explanation, which should be forwarded to the PBR office when the Part 2 is submitted.

Go to Section 3.2.4 Timeframes

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