The application procedure involves the following steps:
1. Preparing the application
For all PVR applications, an application must be filed with the INOV secretariat. The application contains several forms which will provide information for conducting the technical examination and evaluating the application:
- Form no. 1A records the administrative information related to the application.
- Technical questionnaire no. 1B provides a description of the variety by which it can be distinguished from other known varieties.
- Form no. IC requires the applicant to sign a declaration that the variety meets all novelty requirements.
These forms are available for each species using the search engine above.
The administration and granting of plant variety rights require the applicant to pay various fees: application fee, examination fee, certificate issue fee, annual fee to maintain the protection, etc. The price list for these fees is set by INOV and the Ministry of Agriculture, and can be provided upon request by the INOV secretariat.
2. Paper and e-applications
Applicants can submit their applications directly to INOV’s secretariat during opening hours (see below).
Applicants can send their applications to INOV’s offices by registered post with an acknowledgement of receipt (see address below).
Applications can also - once they have been filled in, signed, and dated - be scanned and sent by email to INOV’s secretariat by email.
Since January 2017, applicants can file their applications semi-electronically by using UPOV’s PBR application tool. This tool is available for all species.
3. Administrative evaluation
This step involves checking the application to verify and determine the following:
- Payment of the application fee,
- Assessment of grace period/novelty if the variety has been marketed prior to filing the application,
- Availability/admissibility of the variety denomination,
- Choice of Examination Office and transfer of the file,
- Possible coexistence with a community plant variety right.
4. Technical examination
All candidate varieties must undergo DUS technical examinations:
- Distinctness: the variety is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of filing the application,
- Uniformity: the variety it is sufficiently uniform in its relevant characteristics,
- Stability: the variety is stable, its relevant characteristics remain unchanged after repeated propagation.
DUS tests are carried out using plant material provided by the applicant. Material should be submitted by the candidate only after receiving directions to do so from INOV, and must be sent directly to the examination office in charge of the variety (in France or abroad depending on the species). The contact details of this office will be communicated by INOV to the applicant.
5. Granting of title
Once a candidate variety has successfully passed the administrative and technical examination phases, the applicant receives a document entitled “notification délivrance” informing them that the title will be granted. The applicant should then check the relevant information which will be stated on the certificate and pay the fee for issuing the title, and the first annual fee.