PLANT VARIETY RIGHTS

Before you apply to register for plant variety protection, please ensure that it is eligible for registration. The new plant variety must meet the following criteria in order to enjoy protection:

1. New – The variety has not been sold or disposed of, by or with the consent of the breeder:

   • Earlier than 1 year before the date of application in Singapore where the sale or disposal is made in Singapore; and

   • Where the sale or disposal is made outside of Singapore, earlier than 4 years before the date of application (6 years in the case of trees or vines)

2. Distinct – The variety is clearly distinguishable from other varieties whose existence is a matter of common knowledge at the time of filing of the application. A variety that is of common knowledge does not have to be a protected variety.

3. Uniform – The variety is sufficiently uniform in its relevant characteristics, subject to the variation that may be expected from the particular features of its propagation.

4. Stable – The relevant characteristics of the variety remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

5. Denomination – A denomination is the distinguishing name or identification for the plant variety. The breeder of the new variety has to propose a suitable denomination as its generic designation for approval. Some denominations are not acceptable, for example:

   • Denominations with numbers only

   • Misleading or confusing denominations

   • Denominations that are contrary to public policy or morality

   • Denominations confused with trade mark

Applying for Plant Variety Protection in Singapore

If you wish to apply for plant variety protection, you should do it at the earliest opportunity as the system in Singapore operates on a first-to-file basis (the first person to file an application will, in general, have priority over others for the same plant variety).

Singapore, is a member of the UPOV Convention , so if you have a corresponding application filed earlier in a UPOV Convention member country, you may claim priority from this first-filed application within 12 months from the date of the first filing. Similarly, if your application is first filed in Singapore, it can be used to claim priority in a corresponding application filed in a UPOV Convention member country, provided that the corresponding application is filed within 12 months from the date of the first-filed Singapore application.

To file your application, you must complete the application form and the technical questionnaire and submit these documents with your payment to IPOS. 

You may also refer to the Submission Guidelines below.

Applying for Plant Variety Protection Outside of Singapore

Protection for plant varieties is territorial in nature.

If you wish to obtain protection in countries other than Singapore, you will need to file separate applications in each of these countries as there is no international registration system for plant varieties protection.

Forms pertaining to the Registry of Plant Varieties Protection shall be filed via FormSG only.

Please provide your email address and Singapore contact number in your submission so that we can provide you with the payment instructions.

Payment shall be made via IPOS Digital Hub's payment platform. You can expect to receive payment instructions via email within 3 working days after we receive your submission.

Unless otherwise stated, the form shall be treated as filed only when the form, requisite fees and all attachments (if any) are received by IPOS.

Plant Varieties Protection Forms

General Forms

 

Technical Questionnaires

Forms and Procedures for Other Requests

Description	Fee
Refund  Refund may be allowed under the following list of circumstances: You have made duplicate payment for a form. You have filed duplicate forms. You have submitted a form which cannot be processed. You are advised to check your forms carefully before submitting them.	Submit your request via FormSG. Please note that forms which have been processed are generally not refundable. Request for refund is subject to approval. Submission of a request does not guarantee a refund. You are advised to check your forms carefully before submitting them.