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Applying for the renewal of an authorized variety

Service Description

If the approval of a plant variety marketed by you or other registered breeders expires, any of the registered breeders can apply to the Federal Plant Variety Office (BSA) for an extension of the approval. The successful renewal is then registered for all other breeders.

The BSA decides whether an agricultural plant variety is approved for a further 10 years. The approval of grapevine and fruit varieties can be extended for a further 20 years.

Process flow

You can submit your application for renewal of variety approval to the BSA online, by post or by fax.

Online:

  • Go to the BSA website and complete the application form ("Application for renewal of variety approval").
  • To be able to use the form, you will need
    • your breeder number (published in the Bulletin for Plant Varieties) and
    • a password (will be issued on request).
  • Send the application online.

By post or fax:

  • Alternatively, you can print out the forms after completing them, sign them and send them to the BSA by post or fax.

If you do not have any technical information for the application forms, please contact the Variety Administration in Unit 104 directly.

Requirements

  • The BSA has already approved the variety.
  • The registration requirements are met, i.e. the variety is still distinct, uniform and stable.
  • The cultivation and market significance justifies a renewal or the renewal is necessary for the conservation and sustainable use of plant genetic resources.

Which documents are required?

  • Informal application for renewal of the variety or use of the form on the BSA website.

What are the fees?

Fee: 450,00 EUR
Payment in advance: No
https://www.bundessortenamt.de/bsa/media/Files/Bekanntm/BNr_1521.pdf
Costs are incurred for the decision on the extension of a variety approval. The exact fees can be found in the list of fees and expenses of the BMELBGebV (Section 16: Seed Marketing Act and Plant Variety Protection Act). Payment method: Bank transfer

What deadlines do I have to pay attention to?

Application Deadline: 2 Years
You must submit the application for renewal at least 2 years before the variety approval expires. An already approved agricultural plant variety is approved for a further 10 years, already approved grapevine and fruit varieties for a further 20 years. If the BSA does not make an incontestable decision on an application for renewal before the variety approval expires, the duration of the variety approval is extended until the decision becomes incontestable. If the BSA rejects the extension, it may set a phase-out period for the recognition and marketing of this variety until June 30 of the 3rd year after the expiry of the approval period at the latest.

Processing duration

Processing Time: 2 Years
Extension must be applied for two years before the end of the authorization. A decision on the extension will be made at the end of the authorization.

Legal basis

Applications / forms

  • Objection

Further information on how to lodge an objection can be found in the notification.

  • Administrative court action

Appeal

Forms available: Yes
Written form required: No
Informal application possible: Yes
Personal appearance required: No
Online services available: Yes

Further Information

Author

Federal Plant Variety Office (BSA)


Forwarding service: deep link to the portal of origin

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Food and Agriculture (BMEL)

Professionally released on

21.04.2023

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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