Section 18 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 18 is the checklist for a plant variety application. It requires a denomination, an affidavit that the variety contains no terminator technology, passport data of the parental lines, a description of the variety, the fee and a declaration that the genetic material was lawfully acquired. Applications for farmers' varieties follow a lighter path.
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.
Every application under section 14 must be about a variety, state its denomination, carry an affidavit that it contains no gene or gene sequence involving terminator technology, give complete passport data of the parental lines, include a brief description of novelty, distinctiveness, uniformity and stability, pay the prescribed fee and contain a declaration of lawful acquisition of the genetic material. For a farmers' variety, clauses (b) to (i) do not apply. It is filed in the office of the Registrar.
Section 18(1): the nine requirements
| Clause | Requirement |
|---|---|
| (a) | Be with respect to a variety |
| (b) | State the denomination assigned to the variety by the applicant |
| (c) | Be accompanied by an affidavit sworn by the applicant that the variety does not contain any gene or gene sequence involving terminator technology |
| (d) | Be in such form as may be specified by regulations |
| (e) | Contain a complete passport data of the parental lines from which the variety was derived, the geographical location in India from where the genetic material was taken, and all information on the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety |
| (f) | Be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability |
| (g) | Be accompanied by such fees as may be prescribed |
| (h) | Contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired |
| (i) | Be accompanied by such other particulars as may be prescribed |
The denomination: clause (b)
The denomination assigned by the applicant must pass the grounds in section 15(4) and section 17. Choose it before the application is drawn, not after.
The terminator-technology affidavit: clause (c)
The affidavit is sworn by the applicant, and it states that the variety "does not contain any gene or gene sequence involving terminator technology". Section 29(3) separately bars registration of any variety involving technology injurious to life or health, and its Explanation says "any technology" includes genetic use restriction technology and terminator technology. The affidavit is therefore not a formality; a false one risks the grounds in section 34. See sections 29 and 30.
Passport data and contributions: clause (e)
"Passport data" is the record of where the parental material came from. The application must give complete passport data of the parental lines, the geographical location in India where the genetic material was taken, and all information about the contribution of any farmer, village community, institution or organisation in breeding, evolving or developing the variety. This is the foundation for benefit sharing under section 26 and community claims. Section 40 adds a duty to disclose use of genetic material conserved by tribal or rural families, and the Registrar may reject an application where this is wilfully and knowingly concealed; see sections 40 and 41.
The description: clause (f)
The statement must bring out each of the four characteristics: novelty, distinctiveness, uniformity and stability. It is the applicant's own case for registration, tested later by the DUS tests in section 19.
The lawful-acquisition declaration: clause (h)
The applicant declares that the genetic or parental material used was lawfully acquired. The Act does not list the laws it has in mind. If your breeding used material from collections, from other institutions or from farmers, keep the acquisition papers with the file.
An invented example: Deccan Agri Research Pvt Ltd files for a new sorghum variety. Its application states the denomination, attaches the affidavit, lists the two parental lines with the district from which one landrace was collected, and describes a farmer cooperative's role in selecting the line. It pays the prescribed fee and signs the lawful-acquisition declaration. If the cooperative's role had been left out, section 40 and clause (e) would both be engaged.
If you are preparing an application and need a second pair of eyes on the declarations before they are signed, a legal consultation can help.
The farmers' variety proviso
The proviso says that where the application is for registration of a farmers' variety, "nothing contained in clauses (b) to (i) shall apply" and the application "shall be in such form as may be prescribed". So there is no denomination, affidavit, passport data, description, fee or declaration requirement under section 18 for a farmers' variety. The prescribed form is found in rule 25A and the Sixth Schedule to the Rules (inserted in 2013, amended in 2015); see the Sixth Schedule. Farmers are also exempt from fees in proceedings under section 44.
Where and how: section 18(2) and (3)
Every application is filed in the office of the Registrar (s.18(2)). If it is made by virtue of succession or assignment, proof of the right to apply must be furnished with the application or within the prescribed period (s.18(3)); under rule 27 that period is six months. The forms, the fee and the proof are discussed in rules 24 to 27. The Regulations of 2006 provide that every application under sections 14 and 23 may be made in Form I and Form II; see Regulations 10 to 13.
Need help preparing an application?
Gaps in passport data or in the declarations are common reasons for objections. Our team can check your file against section 18 before you submit. Reach out for a legal consultation.
Key takeaways
- Section 18(1) has nine requirements, including a terminator-technology affidavit and a lawful-acquisition declaration.
- Passport data must show where parental material came from and who contributed.
- A farmers' variety application escapes clauses (b) to (i) and uses the prescribed form.
- Applications are filed in the Registrar's office; proof of succession or assignment follows section 18(3).
Read next
- Section 16: who can apply
- Section 19: seed for testing and DUS tests
- Sections 40-41: community genetic material and rights of communities
- Sixth Schedule: farmers' variety application form
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.