Canada

PVP Office Contact Information

Plant Breeders’ Rights Office
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa
Ontario K1A 0Y9
Canada

Tel. +1-343-573-3300
Website:  https://www.inspection.gc.ca/plant-varieties/plant-breeders-rights
E-mail: pbr.pov@inspection.gc.ca

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?

No requirements have been notified by the PVP Office.

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

All applications will be acknowledged as received within PRISMA.

Once received and reviewed: .

APPLICATION IS ACCEPTED FOR FILING means that: The required documentation, items and application fee were received by the Canadian PBR Office. The Canadian agent or applicant will shortly receive an acceptance letter by email from an examiner providing confirmation of the acceptance, a request for any further items/clarification (if required), and the next steps outlined to fulfill the examination requirements.

APPLICATION IS NOT ACCEPTED FOR FILING means that: The Canadian PBR Office did not receive all the required documentation, items and/or the application fee to accept the application for filing. An examiner will contact the Canadian agent or applicant directly by email and/or phone to request any outstanding items or information required to fulfill the filing requirements, or to provide the reason that the application was not accepted for filing.

Plant Material
When applicable, where should I send the plant material?

In the case of seed propagated varieties, a seed sample must be sent directly to the Canadian PBR Office in Ottawa, Ontario, Canada (full mailing address is listed above) in order for the office to accept the application. The seed sample must meet the minimum weight requirements specific to the crop kind, details can be found on our website.

In the case of vegetatively reproduced varieties, the Canadian PBR Office does not require any plant material to be submitted to the Office with an application.

Payment
How and when do I pay the PVP application fee?

Application fees are sent directly by the applicants to the Canadian PBR Office prior to acceptance of the file and a filing date being issued. Please consult the Canadian PBR website for current fees as they are adjusted every March 31st.

Will I receive confirmation that the payment has been received?

You will receive an invoice when your fee payment form has been processed. A receipt of payment is available upon request.

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

If the applicant is a foreign applicant (residing outside Canada), then the PBR application must include an Authorization of Agent form signed by the applicant. The agent must be a Canadian resident and is required for all foreign applicants. An agent is optional for Canadian applicants.


Please note that authorizing an agent makes the agent the main contact person for the PBR Office and authorizes them to act on their behalf and change the status of the PBR application

There is no list of accredited/entrusted persons as any Canadian resident can be an agent in Canada.

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.)

In the case of seed propagated varieties, a seed sample must be sent directly to the Canadian PBR Office in Ottawa, Ontario, Canada (full mailing address is listed above) in order for the office to accept the application. The seed sample must meet the minimum weight requirements specific to the crop kind, details can be found on our website.

http://www.inspection.gc.ca/plants/plant-breeders-rights/application-process/seed-sample-requirements/eng/1370353094751/1370353850896

No paper copy documents are required to be sent to the Canadian PBR Office when filing through UPOV PRISMA.

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?

Not applicable to Canada (breeder cooperation testing system). Applications may be submitted at any time.

Additional requirements
Are there any additional requirements?

No additional requirement had been notified to UPOV PRISMA at the time of issuing this information but please consult the PVP Office for the latest situation.