Sections 14 and 15 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 14 says who can apply for what: varieties of notified genera and species, extant varieties and farmers' varieties. Section 15 sets the tests. A new variety must be novel, distinct, uniform and stable, and an extant variety must meet the distinctiveness, uniformity and stability criteria set by regulations.
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 to the Registrar can be made for a variety (a) of the genera and species notified under section 29(2), (b) which is an extant variety, or (c) which is a farmers' variety. A new variety is registered if it is novel, distinct, uniform and stable. Novelty turns on sales or disposal with the breeder's consent: not earlier than one year in India, and six years (trees or vines) or four years (other cases) outside India, before filing.
Section 14: three categories of variety
Section 14 says "Any person specified in section 16 may make an application to the Registrar for registration of any variety" in one of three categories.
| Clause | Category | Note |
|---|---|---|
| (a) | A variety of such genera and species as specified under section 29(2) | The Central Government notifies the genera and species; the notified list is on plantauthority.gov.in and is not reproduced here |
| (b) | An extant variety | Defined in section 2(j) |
| (c) | A farmers' variety | Defined in section 2(l) |
Who is "any person specified in section 16" is explained in section 16. If you are not sure whether your crop is on the notified list, a legal consultation can help you work out which route applies before you spend on trials.
Section 15(1) and (2): which test applies
Two sub-sections set different standards.
- New variety (s.15(1)). It "shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability" (often shortened to NDUS).
- Extant variety (s.15(2)). "Notwithstanding anything contained in sub-section (1)", an extant variety "shall be registered under this Act within a specified period if it conforms to such criteria of distinctiveness, uniformity and stability as shall be specified under the regulations." Novelty is not required, because an extant variety already exists in India. The criteria for extant varieties are in regulations; the DUS criteria regulations for varieties of common knowledge and farmers' varieties are explained in DUS Criteria Regulations, 2009.
Section 15(3): what each test means
Section 15(3) says that, for the purposes of sub-sections (1) and (2), "as the case may be", a new variety is deemed to be novel, distinct, uniform or stable in the following ways.
| Test | Clause | When a variety is deemed to meet it |
|---|---|---|
| Novel | 15(3)(a) | At the date of filing, propagating or harvested material has not been sold or otherwise disposed of, by or with the consent of the breeder or his successor, for the purposes of exploitation, in India earlier than one year, or outside India earlier than six years (trees or vines) or four years (any other case), before the filing date |
| Distinct | 15(3)(b) | It is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing |
| Uniform | 15(3)(c) | Subject to the variation to be expected from the particular features of its propagation, it is sufficiently uniform in its essential characteristics |
| Stable | 15(3)(d) | Its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle |
Novelty in detail
The novelty test is not a test of absolute newness. It is a grace-period rule keyed to commercial exploitation with the breeder's consent. Three features matter:
- The relevant acts are "sold or otherwise disposed of" for the purposes of exploitation, and the act must be by the breeder, his successor or with the breeder's consent. A sale by a stranger without consent does not defeat novelty under this clause.
- The periods differ by place. In India the material must not have been sold or disposed of earlier than one year before filing. Outside India the period is six years for trees or vines and four years in any other case.
- There are two provisos. First, a trial of a new variety that has not been sold or otherwise disposed of does not affect the right to protection. Second, if on the filing date the propagating or harvested material has become a matter of common knowledge otherwise than through sale or disposal in the way described, that "shall not affect the criteria of novelty".
An invented example: a plant breeder at an agricultural university in Punjab sold seed of a new wheat line to farmers in India two years before filing. The sale was by the university for exploitation, and the period in India is one year. The breeder should read section 15(3)(a)(i) carefully and take advice before filing. If the sales were instead limited to field trials, the first proviso applies.
Distinctness and common knowledge
The test looks at "any country", not only India. The Explanation says that filing an application for a breeder's right to a new variety, or for entering it in the official register of varieties in any convention country, is deemed to render that variety a matter of common knowledge from the date of the application, if the application leads to the grant of the right or the entry in the register. A foreign application can therefore become a reference point against a later Indian filing by another person.
Uniformity and stability
Uniformity allows for the variation expected from the way the plant is propagated; a hybrid or a self-pollinated line will vary differently. Stability asks whether the essential characteristics hold after repeated propagation or at the end of each cycle. "Essential characteristics" are defined in section 2(h).
How these tests meet the testing rules
The DUS tests that check distinctness, uniformity and stability are field and laboratory tests under section 19, and the denomination requirements in section 15(4) are a separate hurdle. A variety that clears NDUS can still be refused because of its denomination.
Need help with plant variety registration?
Timing of sales and field trials decides whether a variety can still be registered. Our team can review your dates and your category (new, extant or farmers' variety) before you file. Speak to us through a legal consultation.
Key takeaways
- Applications lie for notified genera and species, extant varieties and farmers' varieties.
- A new variety must be novel, distinct, uniform and stable; an extant variety needs distinctiveness, uniformity and stability under the regulations.
- Novelty: sale or disposal with the breeder's consent not earlier than one year in India, six years (trees or vines) or four years (other cases) abroad, before filing.
- Trials without sale do not affect novelty.
- A foreign application can make a variety "common knowledge" from the application date.
Read next
- Section 15(4) and 17: variety denomination
- Section 18: contents of an application
- Sections 29-30: excluded varieties and researchers' rights
- DUS Criteria Regulations, 2009
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.