Rules 60 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.
Rules 60 to 65 apply sections 37 and 38 of the Act. A breeder corrects the Register on Form PV-21; a registered agent or licensee does so on Form PV-22, after notice to the breeder; and a breeder who wants to alter a denomination applies on Form PV-23, with opposition by interested persons on Form PV-24 within three months.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
A registered breeder corrects the Register on Form PV-21 (rule 60); an agent or licensee on Form PV-22, with Form O-10 notice to the breeder (rules 62 and 63). The Registrar cannot reject an application without giving the applicant a reasonable opportunity to make a representation. A breeder applies to delete, add to or alter a denomination on Form PV-23 (rule 64); the Registrar advertises it and anyone interested can oppose on Form PV-24 within three months (rule 65); an allowed alteration is advertised in Form O-11. These rules carry out sections 37 and 38.
Rules 60 and 61: correction by the registered breeder
Section 37(1) allows the Registrar, on application by the breeder of a registered variety, to correct an error in the Register in the name, address or description of the breeder or any other entry relating to the variety, to enter a change in the name, address or description of the breeder, or to cancel the entry of the variety, with consequential changes to the certificate.
- Rule 60: an application for correction "may be made by the registered breeder of the plant variety to the Registrar under sub-section (1) of section 37 in Form PV-21 of the First Schedule, for making any change as laid down in clauses (a) to (c) of sub-section (1) of that section".
- Rule 61: the Registrar "may accept or refuse the application made under rule 60 for correction of register or accept it subject to any condition, amendments, modifications or limitations as he may think fit and shall, accordingly, inform the parties in writing".
Entry 22 of the 2015 Second Schedule: "Application for correction in National Plant Variety Register by owner/breeder", Rs. 10,000/-, Form PV 21. See sections 36 to 38. Rule 61, unlike the rules on rectification, contains no proviso on a reasonable opportunity to make a representation.
Breeders with several registrations should keep the Register particulars up to date, since name and address changes, including the address for service, flow into notices; see rule 23. Our IP portfolio management team can maintain the corrections.
Rules 62 and 63: correction by a registered agent or licensee
Section 37(2) lets a registered agent or licensee apply, after notice to the registered breeder, to correct an error or enter a change in the agent's or licensee's own name, address or description in the Register or the certificate.
| Rule | Requirement |
|---|---|
| 62 | The application is made to the Registrar "in Form PV-22 of the First Schedule on the grounds laid down in sub-section (2)" of section 37 |
| 63(1) | The Registrar issues notice of every application under rule 62 in Form O-10 of the Third Schedule to the registered breeder |
| 63(2) | The Registrar may accept or refuse the application, or accept it subject to any condition, amendment, modification or limitation, and informs the parties in writing |
| 63(2) proviso | "no application shall be rejected unless the applicant has been given a reasonable opportunity to make a representation against such rejection" |
Entry 23: "Application for correction in National Plant Variety Register by registered agent or licensee", Rs. 5,000/-, Form PV 22.
A drafting slip. The text of rule 63(2) carries a stray earlier proviso, "provided that tests referred to in subsection (3) of section 23 shall be conducted by the Authority in consultation with the Central Government", which belongs to the essentially derived variety provisions (rule 35 in its 2003 form) and has no connection to a correction of the Register. Rule 35 was substituted in 2015; the stray words in rule 63(2) were not touched. They should be read as having no effect on a Register correction.
Rule 64: application to alter a denomination
Section 38(1) allows the breeder of a registered variety to apply to the Registrar "to delete any part or to add to or alter the denomination of such variety in any manner not substantially affecting the identity thereof". The Registrar may refuse leave or grant it on terms "to avoid any conflict with the rights of other breeders".
- 64(1): the application, to delete any part, add to or alter the denomination under section 38(1), is made by the breeder to the Registrar in Form PV-23.
- 64(2): the Registrar "may determine whether and subject to what conditions, if any, the amendments shall be allowed".
- 64(3)(a): the Registrar shall advertise the application for alteration, and the nature of the proposed alteration, "in the Gazette or journal or a daily newspaper".
- 64(3)(b): the Registrar shall issue notice to all persons who, in his opinion, may have an interest in the matter.
Entry 24 of the Second Schedule: "Application to alter denomination of a registered plant variety", Rs. 20,000/-, Form PV 23. The denomination rules in the Act and the Regulations (single and distinct denomination, trade marks, geographical names) are in section 15(4) and 17.
Rule 65: opposition and the altered denomination
| Sub-rule | Rule |
|---|---|
| 65(1) | Any interested person may, "within three months from the date of advertisement" of an application for alteration, give notice of opposition in Form PV-24 |
| 65(2) | The Registrar serves notice of the opposition on the breeder and gives both parties an opportunity of being heard, if so desired, before deciding |
| 65(3) | Where leave is granted, the denomination as altered is advertised in the Gazette or a journal or a daily newspaper in Form O-11 of the Third Schedule |
Entry 25: "Notice of opposition to application to alter denomination of a registered plant variety", Rs. 10,000/-, Form PV 24. Section 38(2) makes advertisement discretionary ("may cause an application ... to be advertised"); rule 64(3) says the Registrar "shall" advertise. The Rules therefore make advertisement the practice for every alteration application.
An invented example: a seed company, Greenfield Seeds, registered a maize hybrid under a denomination with a letter-and-figure code, and wants to drop the final figure. It applies on Form PV-23 with the entry 24 fee. The Registrar advertises the proposed change. A rival with a similar denomination has three months to oppose on Form PV-24. If leave is granted, the new denomination is advertised in Form O-11.
Need help with Register corrections and denomination changes?
A change of name, address or denomination affects notices, licences and labels. Our IP portfolio management team can prepare Forms PV-21 to PV-24, watch for opposition and update your portfolio records.
Key takeaways
- Breeders correct the Register on Form PV-21; agents and licensees on Form PV-22 after Form O-10 notice to the breeder.
- Rejections of an agent's or licensee's application need a reasonable opportunity to make a representation.
- A breeder applies to alter a denomination on Form PV-23; the Registrar advertises it and notifies interested persons.
- Opposition is on Form PV-24 within three months of the advertisement; an altered denomination is advertised in Form O-11.
- Entries 22 to 25 of the Second Schedule carry the fees; rule 63(2) contains a stray proviso.
Read next
- Sections 36-38: cancel, rectify and alter denomination
- Sections 15(4) and 17: denomination
- Second Schedule: fees
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.