Plant Variety 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.
Rule 37 fixes the form and the outer time limit for issuing a certificate of registration. Rule 38 requires a thirty-day notice before an incomplete application lapses. Rule 39 governs renewal, and was cut down by G.S.R. 863(E) of 20 November 2019: renewal is now applied for on Form PV-6 with the Second Schedule fee, during the period of six months before the initial period ends. Owners of several registrations can ask our IP portfolio management team to track each date.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
The Registrar issues the certificate within three years of the date of filing, subject to all other requirements, in Form O-2 (rule 37). If an application is not completed within twelve months in the circumstances of section 24(3), the Registrar gives thirty days' notice in Form O-3 (rule 38). Renewal is on Form PV-6, with the fee in the Second Schedule, and filed during the period of six months before the initial period expires; the Schedule's entry 9 gives a lump-sum renewal fee, with Nil for farmers (rule 39 as amended in 2019). These rules carry out section 24 of the Act.
Rule 37: certificate of registration
| Sub-rule | Rule |
|---|---|
| 37(1) | The certificate for a plant variety other than an essentially derived variety, under section 24(2), "shall be in Form O-2 of the Third Schedule" |
| 37(2) | The Registrar "shall issue the certificate of registration under sub-section (2) of section 24 within three years of the date of filing of application subject to the fulfilment of all other requirements" |
| 37(3) | A copy of the certificate goes to the Authority and to such other body or agency as the Central Government may specify by Gazette notification |
The three-year limit runs from the date of filing, and it is "subject to the fulfilment of all other requirements". The rule does not say what follows if the Registrar misses the three years. The certificate is the document that carries the term of protection; see section 24. Form O-2 is described in the Third Schedule article. A certificate states that it does not warrant the validity of the registration; the form is a record, not a decision on any later challenge.
Rule 38: notice where the application is not completed
Section 24(3) of the Act deals with an application that is not completed within twelve months because of the applicant's default or neglect. Rule 38 prescribes the notice.
- 38(1): if, "within a period of twelve months", the application "is not completed in the circumstances given in sub-section (3) of section 24", the Registrar "shall issue thirty days notice to the applicant" for filing the application or "such further time as the Registrar may allow for completion of registration".
- Where the notice goes: to the address of the applicant's principal place of business in India; if there is none, to the address for service in India stated in the application; and if an agent has been authorised, to the agent with a duplicate to the applicant.
- 38(2): the notice is in Form O-3 of the Third Schedule.
An applicant who has asked for a pause in testing or who has not supplied seed should treat Form O-3 as a final warning. The rule does not state the consequence of ignoring it; section 24(3) of the Act lets the Registrar treat the application as abandoned unless it is completed within the time specified in the notice. See section 24. Rule 5, on address for service, applies here: see rules 3 to 7.
Rule 39: renewal, as amended in 2019
Section 24(6) allows the Authority, on application, to review and renew the initial term. Rule 39 sets out how. G.S.R. 863(E) of 20 November 2019 amended it.
What the rule says now
- 39(1)(a): "On receipt of an application from the applicant, the Authority may review and renew the initial duration of registration as mentioned in sub-section (6) of section 24."
- 39(1)(b), as amended: "Every application for review and renewal under sub-rule (1) shall be made in Form PV-6 of the First Schedule" followed by the substituted words ", be accompanied with fee as prescribed in the Second Schedule and filed during the period of six months", then the original words "prior to the expiry of the initial period of registration".
- 39(4): the Authority publishes, at intervals it thinks appropriate, a list of varieties registered and renewed, with the period of registration and the names and addresses of right holders, in its journal. The words "and in the Official Gazette" are omitted.
What was removed in 2019
| Provision | Position |
|---|---|
| 39(1)(b), the window "twelve to eighteen months" before expiry | Replaced by "the period of six months" |
| 39(1)(c), fee for the remaining years at the rate of the preceding year with arrears | Omitted |
| 39(2), renewal for the remaining aggregate duration or any period within it, with no further renewal if a shorter period was chosen | Omitted |
| 39(3), fee beyond nine years (trees and vines) or six years (other crops) based on the "average annual fee" and payable in one instalment | Omitted |
| 39(4), "and in the Official Gazette" | Omitted |
The earlier twelve-to-eighteen-month window and the average-annual-fee method are therefore gone. Do not use them.
The renewal fee: entry 9 of the Second Schedule
Entry 9 was substituted by G.S.R. 863(E) of 2019 (after the 2015 Schedule and the 2016 change that first inserted "Farmers - Nil"). It reads: Renewal Fee: Individuals - Rs. 10,000/-; Educational - Rs. 20,000/-; Commercial - Rs. 1,00,000/-; One lump sum; Farmers - Nil; Form PV-6. The Schedule defines none of "Individuals", "Educational" or "Commercial". The rule does not compute any yearly amount; entry 9 is a single lump sum. See the Second Schedule article.
Reading the six-month window
The text says the application is "filed during the period of six months" and then "prior to the expiry of the initial period of registration". The natural reading is the six months before the initial period ends. The rule does not say whether an application filed earlier or after expiry is accepted, and it does not say what happens to registration if renewal is missed; section 35 on forfeiture for unpaid annual fees is a separate matter. Check the initial period from the certificate: it is six years for most varieties and nine for trees and vines under section 24, with the totals set out in the Act.
An invented example: Greenfield Seeds holds a registration with an initial period that ends on a date shown on its certificate. In the six months before that date it files Form PV-6 with the lump-sum fee for a Commercial applicant. If it were an individual breeder, the individual amount in entry 9 would apply; a farmer would pay nothing.
Portfolio holders should diarise the six-month window for every registration from the certificate dates. Our IP portfolio management team can maintain that calendar and prepare the Form PV-6 filing.
Need help with renewals and certificates?
A missed renewal window can cost years of protection. Our IP portfolio management team can track each variety's initial period, prepare Form PV-6 and check the entry 9 fee for your category.
Key takeaways
- The certificate is in Form O-2 and is to be issued within three years of filing, subject to all other requirements (rule 37).
- Form O-3 gives thirty days' notice where an application is not completed within twelve months (rule 38).
- Renewal is on Form PV-6, with the Second Schedule fee, filed during the period of six months before the initial period expires (rule 39, 2019).
- The twelve-to-eighteen-month window and the average-annual-fee method no longer apply.
- Entry 9: Individuals Rs. 10,000/-, Educational Rs. 20,000/-, Commercial Rs. 1,00,000/-, one lump sum; farmers Nil.
Read next
- Section 24: certificate, validity and total term
- Second Schedule: fees
- First Schedule: Forms PV-1 to PV-33
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.