DUS Criteria explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The 2009 Criteria Regulations set a lighter DUS test for two kinds of registration: varieties about which there is common knowledge, and farmers' varieties. Each is tested in the field for one season at two locations, with half the seed supplied in five equal packets. Farmers' varieties are tested in a paired-row trial against an example variety, and meeting the uniformity level means stability is deemed met. Applicants can ask our legal consultation team which route applies to their variety.
Regulations as amended up to 3 October 2026 (no amendment listed by the Authority). Later notifications should be checked on plantauthority.gov.in.
The Authority publishes DUS test guidelines for each crop in the Journal (regulation 3). For a variety about which there is common knowledge, the test is a field test for one season at two locations and the applicant supplies half the seed in five equal packets (regulation 4). For a farmers' variety, the variety is compared with an example variety and any similar variety in a paired-row test, in a replicated trial for one season at two locations; off-types may not exceed double the number specified in the Journal; and meeting uniformity means stability is deemed met (regulation 5). These regulations were made under section 95(2)(c).
Where the Regulations come from
G.S.R. 452(E) of 29 June 2009 was made by the Authority, with the Central Government's approval, "in exercise of the powers conferred by clause (c) of sub-section 2 of Section 95" of the Act. Section 95(2)(c) allows regulations on "the criteria of distinctiveness, uniformity and stability for registration of extant variety under sub-section (2) of section 15". See sections 95 to 97. The short title is the Protection of Plant Varieties and Farmers' Rights (Criteria for Distinctiveness, Uniformity and Stability for Registration) Regulations, 2009. They came into force on publication in the Official Gazette.
The copy of the notification on the Authority's website is a scanned page, and some figures print unevenly. The periods and packet numbers below are those the scan shows; confirm them against the Gazette before relying on them.
Regulation 2 defines "Act" and "Journal", the Plant Variety Journal of India. The usual rule that words defined in the Act carry the Act's meanings applies.
Regulation 3: test guidelines for each crop
"The Protection of Plant Varieties and Farmers' Rights Authority shall develop and publish in the Journal guidelines for the distinctiveness, uniformity and stability test for each crop." The details of descriptors, plot size, the length of rows and the plant population are left to those guidelines. The Regulations themselves list no crop and give no descriptors. Check plantauthority.gov.in for the guidelines for your crop. The same duty appears in rule 29(9); see rules 28 and 29.
Regulation 4: varieties about which there is common knowledge
The heading is "Criteria of Distinctiveness, Uniformity and Stability for registration of variety about which there is Common Knowledge".
| Sub-regulation | Rule |
|---|---|
| 4(1) | The criteria "shall be determined by conducting a field test for one season at two locations for the purpose of confirming the distinctiveness, uniformity and stability", following the descriptors and plot size specified in the Journal |
| 4(2) | A person applying for registration under clause (b) of section 14 "shall submit half the quantity of seeds as divided into five equal numbers of packets for the purpose of field test and also for storing in the National Gene Bank"; the seed supply procedures are as specified in the Journal |
Clause (b) of section 14 covers an extant variety. The Second Schedule to the Rules lists a fee for "a variety about which there is common knowledge, i.e. the extant variety as specified under clause (j)(iii) of section 2" as entry 8; see the Second Schedule article.
Compare this with the standard DUS test in rule 29(1)(c), which is field and multi-location based for at least two similar crop seasons. For a variety of common knowledge, the Regulations require one season at two locations.
Regulation 5: farmers' varieties
A person applying under clause (c) of section 14, which covers a farmers' variety, submits half the quantity of seed in five equal packets, for the field test and for storing in the National Gene Bank, with seed supply procedures as the Journal specifies (5(1)). The remaining sub-regulations are as follows.
| Sub-regulation | Rule |
|---|---|
| 5(2) | Wherever the distinctiveness of the variety is required to be verified, a field test for distinctiveness, uniformity and stability is conducted in the test centres |
| 5(3) | The farmers' variety, along with an example variety and any other similar variety, is evaluated "in the paired row test" |
| 5(4) | The length of the row and the plant population are as specified in the Journal |
| 5(5) | It is a replicated trial, conducted for one season at two locations "for the limited purpose of confirming the distinctiveness", following the descriptors specified in the Journal |
| 5(6) | The uniformity level for a farmers' variety for the species "shall not exceed double the number of off-types" specified in the Journal; the number of permitted off-types for each crop is to be developed and published in the Journal |
| 5(7) | If the variety meets the uniformity criteria, it "shall be deemed to have met the stability criteria" |
Three features favour farmers: the trial is limited to confirming distinctiveness, off-types are allowed at up to double the number specified for the crop, and stability is deemed once uniformity is met. The Regulations print no off-type figure; for each crop it is in the Journal.
How the Regulations fit with the rest
The Act's tests for a new variety are novelty, distinctiveness, uniformity and stability under section 15(3); see sections 14 and 15. Section 15(2) says an extant variety is registered if it conforms to the criteria "as shall be specified under the regulations", and these Regulations are that specification for common-knowledge and farmers' varieties. Rule 29(4), as amended in 2015, makes DUS testing necessary for new and extant varieties, and says the DUS criteria are based on the report of the All India Coordinated Research Project trials.
The application forms for a farmers' variety are in the Sixth Schedule. Farmers are not liable for fees under section 44.
An invented example: a farmers' group applies for a millet farmers' variety. The Authority names an example variety and another similar variety. The group supplies half the required seed in five equal packets, and the variety is grown in paired rows beside them in a replicated trial for one season at two locations. If the number of off-types does not exceed double the figure the Journal specifies, uniformity is met and stability is deemed met.
If you are preparing a farmers' variety or common-knowledge application, our legal consultation team can set out the DUS steps against the Journal's guidelines for your crop.
Need help with DUS requirements?
The Regulations leave descriptors, plot sizes and off-type numbers to the Journal, so the real requirements sit in the crop guidelines. Our legal consultation team can find the guidelines for your crop and set out what you need to supply.
Key takeaways
- The Authority publishes DUS guidelines for each crop in the Journal (regulation 3).
- Common-knowledge varieties: a field test for one season at two locations; half the seed in five equal packets (regulation 4).
- Farmers' varieties: paired-row, replicated trial for one season at two locations, to confirm distinctiveness (regulation 5).
- Off-types may not exceed double the number specified in the Journal; meeting uniformity means stability is deemed met.
- No amendment is listed by the Authority as of 3 October 2026.
Read next
- Sections 14-15: registrable varieties and the NDUS tests
- Rules 28-29: DUS fee and testing
- Regulations 6-9: extant variety committee and denomination
Disclaimer: Based on the Protection of Plant Varieties and Farmers' Rights Act, 2001 as amended up to the Tribunals Reforms Act, 2021, the PPV&FR Rules, 2003 as amended up to G.S.R. 803(E) of 16 November 2021, and the regulations, rules and scheme named in the article, as published by the PPV&FR Authority and consulted on 3 October 2026. Later notifications should be checked on plantauthority.gov.in. This article is general information, not legal advice; check the official text before acting.