Apply for 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.
Section 16 lists six kinds of person who may apply to register a variety under section 14, and it allows them to apply alone or together. It opens the door to breeders and their successors, to farmers and communities, to people authorised by them and to publicly funded institutions.
Provisions as amended up to the Tribunals Reforms Act, 2021 (in force 4 April 2021); no later amendment as of 3 October 2026. Later notifications should be checked on plantauthority.gov.in.
An application for registration may be made by (a) a person claiming to be the breeder, (b) a successor, (c) an assignee of the right to apply, (d) a farmer, group or community of farmers claiming to be the breeder, (e) a person authorised in the prescribed manner, or (f) a university or publicly funded agricultural institution claiming to be the breeder. Applications may be made individually or jointly with any other person.
The six categories: section 16(1)
| Clause | Who | What the Act says |
|---|---|---|
| (a) | Claimed breeder | Any person claiming to be the breeder of the variety |
| (b) | Successor | Any successor of the breeder |
| (c) | Assignee | Any person being the assignee of the breeder in respect of the right to make the application |
| (d) | Farmers | Any farmer or group of farmers or community of farmers claiming to be the breeder |
| (e) | Authorised person | Any person authorised in the prescribed manner by a person in clauses (a) to (d) to make the application on his behalf |
| (f) | University or institution | Any university or publicly funded agricultural institution claiming to be the breeder |
The test for most categories is a claim: the applicant "claiming to be the breeder". Registration is not limited to proven inventors at the filing stage; the claim is tested later through opposition and examination. "Breeder" itself is defined in section 2(c) as a person, group, farmer, group of farmers or institution that has bred, evolved or developed the variety.
Farmers, groups and communities: clause (d)
Clause (d) is the doorway for farmers' own varieties and varieties bred on farms. It names three forms: a farmer, a group of farmers and a community of farmers. The Act does not define "community of farmers"; the term is used as printed. A farmers' variety application follows a simpler path under the proviso to section 18(1), explained in section 18.
Successors and assignees: clauses (b) and (c)
A successor takes the breeder's place on succession, and an assignee takes it by assignment, but only "in respect of the right to make such application". The documentary proof of that right is called for by section 18(3): the proof must be furnished at the time of the application or within the period prescribed. Under the Rules, proof is to be furnished at filing or within six months of the application; for an assignment, in the manner in Form PV-2, and for succession, by a succession certificate or other document proving succession. Those steps are in rules 24 to 27.
Authorised persons: clause (e)
Someone authorised in the prescribed manner may apply on behalf of a person named in clauses (a) to (d). Rule 25 says that an application to authorise a person is made in Form PV-1 in the First Schedule, by the person specified in section 16(1). The authorised person acts for the breeder; he does not become the breeder.
An invented example: Kisan Beej Utpadak Samiti, a farmer producer group in Madhya Pradesh, has developed a chickpea line. Its members can apply as a group of farmers under clause (d). If the group chooses to engage an adviser to make the filing, the adviser can apply as an authorised person under clause (e), with the authorisation in Form PV-1.
Universities and publicly funded institutions: clause (f)
An agricultural university or a publicly funded agricultural institution claiming to be the breeder may apply in its own right. The words "publicly funded agricultural institution" are not defined in the Act, and the text is silent on how funding is judged; check with the Authority if the position is unclear for your institution.
Joint applications: section 16(2)
"An application under sub-section (1) may be made by any of the persons referred to therein individually or jointly with any other person." So a seed company and a university may file together, as may a breeder and an assignee, or a farmers' group and a successor. The sub-section does not say how rights are divided between co-applicants; that is a matter for their agreement. A joint filing is a good moment to put a written arrangement in place before the certificate issues. For that kind of agreement, our team can help through legal consultation.
What section 16 does not do
It does not decide which varieties qualify. That is section 14 (notified genera and species, extant varieties, farmers' varieties) and section 15 (the criteria). The persons in section 16 are the persons who may "make an application under section 14", so the two sections must be read together; see sections 14 and 15.
Need help deciding who should apply?
The right applicant, and the right proof of authority, avoids objections later. If you are a company, a university or a farmer group unsure who should sign the filing, we can review the chain of title with you. Start with a legal consultation.
Key takeaways
- Section 16(1) lists six categories of applicant; most turn on a claim to be the breeder.
- Farmers, groups of farmers and communities of farmers may apply under clause (d).
- A successor or assignee must prove the right to apply (s.18(3)).
- An authorised person applies on the breeder's behalf; the authority is in Form PV-1.
- Applications may be made individually or jointly (s.16(2)).
Read next
- Sections 14-15: registrable varieties
- Section 18: contents of an application
- Rules 24-27: authorised applicant, farmers' variety form, fee and proof
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.