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.
Section 24 turns an accepted application into a registered variety. It says when the Registrar must register, what the certificate must look like, when an incomplete application can be treated as abandoned, what protection exists while the application is pending, and how long the certificate lasts.
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.
When an application is accepted and either unopposed with the time for opposition expired or opposed with the opposition rejected, the Registrar shall register the variety. A certificate is valid for nine years for trees and vines and six years for other crops, then may be reviewed and renewed on prescribed fees, with a total of eighteen years (trees and vines), fifteen years from the notification under section 5 of the Seeds Act, 1966 (extant varieties) or fifteen years from registration (other cases).
Section 24(1) and (2): registration and the certificate
| Sub-section | Provision |
|---|---|
| 24(1) | For a variety other than an essentially derived variety: when the application has been accepted and either (a) it has not been opposed and the time for notice of opposition has expired, or (b) it has been opposed and the opposition has been rejected, the Registrar shall register the variety |
| 24(2) | On registration the Registrar issues a certificate in the prescribed form, sealed with the seal of the Registry, and sends a copy to the Authority for determination of benefit sharing and to any other authority prescribed for information. The maximum time for issuing the certificate from the date of filing is as prescribed |
Under rule 37, the certificate is in Form O-2 of the Third Schedule and the Registrar issues it "within three years of the date of filing of application subject to the fulfilment of all other requirements"; a copy goes to the Authority and to any body the Central Government specifies. An essentially derived variety certificate is issued under section 23(8); see section 23.
Keeping track of the dates on each certificate is part of IP portfolio management. The copy sent to the Authority is what starts the benefit-sharing process in section 26.
Section 24(3): abandonment after twelve months
If registration "is not completed within twelve months from the date of the application by reason of default on the part of the applicant", the Registrar may, after giving notice in the prescribed manner, treat the application as abandoned "unless it is completed within the time specified in that behalf in the notice." Rule 38 supplies the notice: it is a thirty-day notice in Form O-3 of the Third Schedule, sent to the applicant's principal place of business in India, or to the address for service in India, or to the authorised agent with a duplicate to the applicant. The power is discretionary ("may") and applies only where the delay is the applicant's default.
Section 24(4): clerical errors
The Registrar may amend the Register or a certificate of registration to correct a clerical error or an obvious mistake. Larger changes go through sections 36 to 38.
Section 24(5): protection while the application is pending
The Registrar may "issue such directions to protect the interests of a breeder against any abusive act committed by any third party during the period between filing of application for registration and decision taken by the Authority on such application." The Act does not define "abusive act" and does not say what directions may be given. If you need protection in that gap, a legal consultation can help you frame the request.
Section 24(6): validity and total term
The certificate issued under section 24 or section 23(8) "shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be reviewed and renewed for remaining period on payment of such fees as may be fixed by the rules made in this behalf", subject to a ceiling on the total period.
| Case | Initial validity | Total period of validity not to exceed |
|---|---|---|
| Trees and vines | Nine years | Eighteen years from the date of registration of the variety |
| Extant variety | Nine years for trees and vines, six years for other crops (clause 24(6) states the initial period by crop type) | Fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966 |
| Other cases | Six years | Fifteen years from the date of registration of the variety |
The extant-variety row has a trap. The ceiling runs from the date of the Seeds Act notification, not from the date of registration, so a variety notified long ago may have little time left. An invented example: a papaya variety (a tree crop) is registered on a certain date. Its certificate is valid for nine years and can be renewed for the remaining period, with a total of eighteen years from registration. A wheat variety registered on a certain date has an initial six years and a total of fifteen from registration.
Renewal: rule 39 as amended in 2019
Renewal is made to the Authority in Form PV-6. Rule 39(1)(b), as amended by G.S.R. 863(E) of 20 November 2019, reads in the affected words that the application is to "be accompanied with fee as prescribed in the Second Schedule and filed during the period of six months" (the 2019 words replaced "and filed during twelve to eighteen months"). Rule 39(1)(c), 39(2) and 39(3) were omitted, so the earlier "twelve to eighteen months" window and the "average annual fee" method are gone. Rule 39(4) now provides for publication of the list of varieties registered and renewed in the Authority's journal, with the words "and in the Official Gazette" omitted. See rules 37 to 39.
The renewal fee is entry 9 of the Second Schedule, as substituted by G.S.R. 863(E) of 20 November 2019 (Form PV-6, one lump sum): Individuals Rs. 10,000/-, Educational Rs 20,000/-, Commercial Rs 1,00,000/-, and Farmers Nil. No definition of "Individual", "Educational" or "Commercial" is printed in the notification. See the Second Schedule for the full list.
Renewal is separate from the annual fee for retaining registration, which is dealt with in section 35.
Need help managing your registrations?
Dates drive everything here: filing, the twelve-month mark, expiry and the renewal window. A portfolio review can build a calendar for your certificates and set renewals ahead of time. Talk to us about IP portfolio management.
Key takeaways
- The Registrar must register once an application is unopposed (time expired) or the opposition is rejected.
- The certificate is sealed with the Registry's seal and a copy goes to the Authority for benefit sharing.
- An incomplete application may be treated as abandoned after twelve months of applicant default, after a notice.
- Validity: nine years (trees and vines) or six years (other crops), renewable up to eighteen or fifteen years in total.
- Rule 39 was amended in 2019; renewal fee is entry 9 of the Second Schedule.
Read next
- Sections 25-26: list of varieties and benefit sharing
- Section 35: annual fee and forfeiture
- Rules 37-39: certificate, notice and renewal
- 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.