United States of America

PVP Office Contact Information

The Commissioner
USDA, AMS, S&T, Plant Variety Protection Office
1400 Independence Ave., S.W.
Room 2915 - South Building, Mail Stop 0274
Washington, CD 20250
United States of America

Tel. (1-202) 260 8983
Fax. (1-202) 260 8976
Website: https://www.ams.usda.gov/pvpo

E-mail: pvpomail@usda.gov

Specific requirements in relation to UPOV PRISMA

Are there any specific requirements in relation to UPOV PRISMA that are not required when filing an application directly to the PVP Office?

Yes, the applicant must ensure the application is complete including information requested on the United States of America ST-470, Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E forms. Complete breeding history of the new variety must be provided with the application if it is not included on the PRISMA forms or in an included DUS report.

The Most Similar Variety (MSV) objective description (Exhibit C) must be provided with the application if it is not already protected in the United States of America.

Application data

Will I receive confirmation that my application data has been received successfully?

Yes. Once the PVP Office receives and accepts the application, the PVP Office will send a filing letter informing the applicant that their application has been received with a filing date.

Plant Material

When applicable, where should I send the plant material?

A seed or potato plantlet deposit is required. Information on the requirements for deposits can be found at the following link: https://www.ars.usda.gov/plains-area/fort-collins-co/center-for-agricultural-resources-research/paagrpru/docs/plants/pages/deposit-germplasm
The deposit of propagating material for asexually reproduced plant varieties is not required. The applicant must sign a declaration that the propagating material will be maintained at a specific location, subject to PVPO inspection, and if requested by PVPO, the applicant has three months to provide the propagating material or risk losing protection. The declaration form is sent to the applicant with the filing letter.
For seed or potato plantlet deposits, a phytosanitary certificate issued by the country of origin must accompany the samples. More information can be found at the USDA, APHIS, Plant Protection and Quarantine Office at the following link: https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information
For seed and potato varieties the applicant has 90 days to send the germplasm deposit from the date of the filing letter.

Payment

How and when do I pay the PVP application fee?

Payment for new applications must be made within 30 days of receipt of the filing letter and billing invoice of the application. Payment by credit card, pay.gov or check drawn on a U.S. bank for $5,150 ($518 filing fee , $5,150 ($518 filing fee, $$3,864 examination fee, and $768 certificate fee), payable to "Treasurer of the United States".

Payment by pay.gov directly can be done at this link: (https://www.pay.gov/public/home/makepayment)

This allows fee payments by e-check, Amazon account, PayPal account and credit card. The percentage of fees paid by paper checks are low and will eventually be replaced by online electronic payments completely.

Will I receive confirmation that the payment has been received?

Yes, confirmation is provided.

Agent / Local Representative

Do I need an agent or local representative in the country, if I am not a resident?

No, an agent or representative from the United States of America is not required.

UPOV PRISMA Note: Agents that have already created an AGENT Account in UPOV PRISMA can indicate the territories in which they operate. Those agents will appear in a list. In cases where agents need to be accredited by the PVP Office, the agents will only be added to the list of agents available in UPOV PRISMA after the PVP Office has confirmed that the necessary accreditations have been given.

Filing Date

What is considered to be the filing date? (Note: For instance, are there any documents that the applicant must submit to the PVP offices in addition to the application form in PRISMA and the documents required in the application form in PRISMA. If so, please indicate such documents. Are there any documents that the applicant must send in paper format to the PVP Office. If so, please indicate such documents.)

The filing date is the date a complete and signed ST-470 form (or UPOV TG Table of Characteristics and Technical Questions as displayed in UPOV PRISMA) is received by the PVP Office. A form is considered signed if it has a handwritten, electronic, or e-authentication signature. Payment must be received within If payment is not received within 30 days of the filing letter and billing invoice or a late fee of $41 is imposed. If payment is not received within 90 days of the filing date, the application is abandoned.

UPOV PRISMA Disclaimer: The authority entrusted with the task of granting breeders’ rights (PBR authority) retains full responsibility in relation to the requirements concerning the filing date of applications in accordance with the legislation of the member of the Union concerned.

Dates for submission

For testing or plant material purposes, are there dates for the submission of applications?

Applications may be submitted at any time.

Additional requirements

Are there any additional requirements?

Yes, if a DUS report is used to replace the United States of America Exhibit C, information requested on the ST-470, Exhibit A, Exhibit B, Exhibit D, and Exhibit E must be provided unless the information is provided on the PRISMA application forms.