Guidelines for PVR growing trials on an applicant's property (1987 Act)

The content below relates to applications filed before 24 January 2023. If you filed your plant variety rights application after 24 January 2023, please refer to our Technical Guidance section for current guidance. 

Technical Guidance

Purpose

To establish whether or not a PVR candidate variety is distinct, uniform and stable under local climatic conditions and to draft the complete variety description for that variety.

Establishment

The growing trial must be established as soon as possible after notification of the specific requirements for the trial has been given by the Plant Variety Rights Office. The trial should be separate from the normal growing operation and have plants set aside exclusively for plant variety rights purposes. The use of stock plants in a PVR trial is unacceptable.

Varieties for comparison

The Plant Variety Rights Office will specify a certain variety or varieties to be grown alongside the candidate variety for comparison and reference purposes. The supply of plants of the similar and reference varieties is the responsibility of the PVR applicant. Reference varieties are required for the drafting of the variety description. If such varieties cannot be obtained or there is some other problem, please notify the PVR Office immediately.

Propagation

All plants (candidate and other varieties) in the growing trial must be propagated by the same method and approximately at the same time. This will ensure that all plants in the trial will then be of similar maturity.

Plant and trial management

The trial is required to be maintained to a high standard with plants in the trial grown according to standard growing practices for that genus or species. The aim is to grow quality specimens, representative of the candidate and comparison varieties. Chemical or physical growth manipulation outside of normal growing practice for that genus or species should be avoided. Once a plant has been placed in the trial it must remain in that trial until the trial is concluded. If any off-type plants occur during the trial they must not be removed or replaced with more representative specimens. Plants should be maintained in a healthy state, substantially free of pest and disease.

Inspection and trial evaluation

Inspection of the growing trial will be carried out by a person from, or acting on behalf of, the PVR Office. The PVR Office will specify the stage of growth of the plants in trial at which the inspection will commence. It is the responsibility of the PVR applicant to inform the PVR Office when plants in the trial are about to reach that growth stage. All plants in trial should be maintained until the PVR Office advises that they are no longer required.

Warning

If the trial is not laid out and conducted according to these Guidelines and as a result PVR evaluation becomes impossible, or if the applicant fails to notify the PVR Office those plants are ready for examination, the application could lapse under section 7(3) of the Plant Variety Rights Act 1987.