The protection system of plant variety rights can effectively safeguard the legitimate rights and interests of breeders and stimulate breeding innovation. With the deepening of China's seed industry revitalization strategy, this system is increasingly receiving high attention from scientific research institutions, seed industry enterprises, and individual sports breeders.

The newly revised Regulations of the People's Republic of China on the Protection of New Plant Varieties (hereinafter referred to as the "New Regulations"), which will come into effect on June 1, 2025, have made important adjustments in the scope of protection, examination procedures, protection period, and rights protection mechanism, providing clearer and more efficient institutional support for the protection of breeding results. This article will systematically review the reasons for applying for plant variety rights, protection periods, accepting authorities, and practical procedures in accordance with the new regulations.

1、 Why apply for plant variety rights?

The right of new plant varieties is an exclusive right granted by the state to breeders in accordance with the law to select and breed new plant varieties that possess novelty, specificity, consistency, and stability (DUS) and are appropriately named. The application for new product variety rights has the following important significance:

1. Legal confirmation of rights and prevention of infringement

After obtaining authorization, the rights holder may prohibit others from producing, breeding, selling, importing and exporting the breeding materials of the variety without permission, effectively curbing infringement behaviors such as "counterfeiting" and "counterfeiting".

2. Enhance market competitiveness and brand value

Varieties with independent intellectual property rights are more likely to gain market recognition, which helps to build the core competitiveness of enterprises and form technological barriers.

3. Achieve achievement transformation and return on investment

The rights holder can achieve the commercialization of the variety through licensing, transfer, pricing and equity participation, and convert scientific research investment into economic benefits. It can also be used for pledge financing.

4. Supporting policies and project applications

Many local governments consider the ownership of plant variety rights as an important basis for the qualification recognition of seed industry enterprises, the approval of scientific research projects, and special funding support.

5. Fulfill international obligations and expand overseas markets

As a contracting party to the International Convention for the Protection of New Varieties of Plants (UPOV 1978 version, with the possibility of joining the 1991 version in the future), domestic authorization can serve as a basis for applying for protection from other countries, helping China's varieties to "go global".

Against the backdrop of strengthening law enforcement, extending protection periods, and expanding protection objects in the new Regulations, timely application for new variety rights has become a necessary option for breeding entities to protect innovative achievements.

2、 Protection period for new plant varieties

According to Article 35 of the new "Regulations" of 2025, the protection period of plant variety rights is divided by plant category:

→ 1. Vines, trees, fruit trees, and ornamental trees: 25 years.

2. Other plants (mainly including crops such as grains, vegetables, oilseeds, cotton, grass, etc.): 20 years.

The protection period shall be calculated from the date of authorization announcement, not the application date.

3、 The accepting authority for applying for the right to new varieties of agricultural and forestry plants

In China, the agricultural and forestry grassland management departments are responsible for the acceptance and review of new plant variety rights for different categories:

1. Agricultural Plant Variety Rights: Apply to the Ministry of Agriculture and Rural Affairs, and the Plant Variety Protection Department under its Science and Technology Development Center is responsible for accepting, reviewing, and testing the organization.

2. New Variety Rights of Forestry Plants: Apply to the National Forestry and Grassland Administration, and the Plant New Variety Protection Office under its Science and Technology Development Center will be responsible for related work.

The applicant needs to accurately select the corresponding competent authority to submit the application based on the classification of the cultivated plant species, in order to avoid procedural delays caused by jurisdictional errors.

4、 Application operation steps

（1） Application Process for Agricultural Plant Variety Rights

1. Confirm whether the applied variety is listed in the "List of Plant New Variety Protection (Agricultural Part)"

Check whether the plant species to be applied for have been included in the "List of New Plant Varieties for Protection (Agricultural Part)". If the applied variety has not been included in the protection list, the right to apply for new plant varieties cannot be applied for temporarily. As of December 9, 2025, a total of 11 batches of the "List of Plant New Variety Protection (Agricultural Part)" have been released, covering 191 genera or species, such as rice, corn, soybeans, tomatoes, peppers, cabbage, etc. The draft for soliciting opinions on the 12th batch of agricultural plant variety protection list, which covers 112 varieties, has been released. It is expected that the official draft of this batch of protection list will be released around April 2026.

2. Ensure that plant varieties have novelty, specificity, consistency, stability, and appropriate names.

(1) Novelty refers to the fact that, prior to the date of application for a new plant variety, the propagation and harvesting materials of the variety have not been sold or promoted, or have been sold or promoted by the applicant themselves or with their consent, and the new plant variety for which the variety right is applied has not been in China for more than one year; Overseas, woody and vine plant varieties have not exceeded 6 years, and other plant varieties have not exceeded 4 years.

After the implementation of the Seed Law of the People's Republic of China on January 1, 2016, if a genus or species of plants newly listed in the plant variety protection list applies for variety rights within one year from the date of publication of the list, the propagation and harvesting materials of the variety have not been sold or promoted within China for more than four years before the application date.

If the variety has been confirmed by the agricultural, rural, forestry, and grassland competent departments of the provincial, autonomous region, or municipality directly under the Central Government to have formed a factual spread based on the sowing area, and the crop variety has been approved or registered for more than 2 years without applying for new plant variety rights, it will be recognized as losing its novelty.

(2) The so-called specificity refers to a plant variety having one or more distinct traits that differ significantly from known varieties.

(3) Consistency refers to the consistency of the characteristics of a plant variety, in addition to expected natural variations, among individuals within the population.

(4) The so-called stability refers to the main traits of a plant variety remaining unchanged after repeated reproduction or at the end of a specific reproductive cycle.

3. Fill in the application online

(1) Log in to the website of the Ministry of Agriculture and Rural Affairs
（ https://www.moa.gov.cn/ ）
(2) Select 'Government Services'
(3) Select "Personal Center" to register an account and log in
(4) Select 'New Product License Authorization'
(5) Select 'Add Application' and fill in the application document.

The required documents to be filled out are:

① Application for Variety Rights

② Instruction Manual
Including the following contents:
The provisional name of the applied variety should be consistent with the name in the request letter;
Breeding information of the applied variety;
The selected approximate variety and reasons, the approximate variety refers to the variety with the most similar characteristics or features to the applied variety among all known plant varieties;
Explanation of the novelty of the applied variety;
A detailed explanation of the specificity, consistency, and stability of the applied variety;
Description of suitable growing areas or environments and cultivation techniques;
Comparison table of traits between the applied variety and similar varieties;

③ The photo and its brief description should meet the following requirements:
Photos are helpful in illustrating the specificity of the applied variety;
The comparison of the same trait between the applied variety and similar varieties should be on the same photo;
The photos should be in color, and if necessary, the Variety Protection Office may require the applicant to provide black and white photos;
The photo size is 8.5cm x 12.5cm or 10cm x 15cm.

4. Acceptance review and payment

The accepting authority shall conduct an acceptance review of the materials, which shall be completed within 3 working days in principle. If the materials pass the review, the applicant shall receive the "Notice of Acceptance of Variety Right Application" online. Starting from April 1, 2017, the collection of application fees, examination fees, and annual fees related to the protection rights of new plant varieties will be suspended.

5. Preliminary review

The reviewing authority shall complete the preliminary examination within 3 months, and for complex situations, an extension of 3 months may be granted. If the preliminary examination is qualified, the applicant will receive a "Notice of Qualification for Preliminary Examination" online.

6. Substantive examination

Those who pass the initial review will enter the substantive review stage, where the main focus will be on examining the plant variety's distinctiveness, consistency, and stability, also known as DUS testing.

Applicants can choose:

Official testing: Conducted by DUS testing institutions designated by the Ministry of Agriculture and Rural Affairs (such as testing centers in Beijing, Gongzhuling, Wuhan, etc.).

→ Self testing: Select a testing institution with the corresponding qualifications to provide standardized testing reports.

7. Proposed Authorization Publicity

If the substantive examination is qualified, the reviewing authority shall publicize the proposed authorized varieties on the official website of the Ministry of Agriculture and Rural Affairs for 15 working days.

8. Issue and announce the Certificate of Plant Variety Rights Certificate

If there is no objection or objection is not established during the authorized public notice period, the new plant variety right will be granted, and the applicant will receive the "Notice of Grant of Variety Right Decision" online. The Ministry of Agriculture and Rural Affairs issues the "Certificate of Plant New Variety Rights" to the applicant and issues an authorization announcement, and the variety rights become effective from the date of the authorization announcement.

（2） Application Process for Forest Plant Variety Rights

1. Confirm whether the applied variety is included in the "List of Plant New Variety Protection (Forestry Part)"

Check whether the plant species to be applied for have been included in the "List of New Plant Variety Protection (Forestry Part)". If the applied variety has not been included in the protection list, it is temporarily not possible to apply for new plant variety rights. As of December 9, 2025, there are a total of 10 batches of the "List of New Plant Varieties Protection (Forestry Part)", covering 343 genera or species. Among them, 30 genera or species in the 10th batch will be implemented from January 1, 2026.

2. Ensure that plant varieties have novelty, specificity, consistency, stability, and appropriate names.

Please refer to step 2 of the application for new agricultural plant variety rights for specific details.

3. Fill in the application online

(1) Log in to the website of the National Forestry and Grassland Administration
（ https://ydbg.forestry.gov.cn/adminapproval/ ）
(2) Register an account and log in
(3) Select 'Administrative Confirmation'
(4) Online application materials
The required materials and related content for declaration shall refer to the corresponding content in step 3 of the application for agricultural plant variety rights mentioned above.

4. Acceptance and review

Accept applications for variety rights that comply with regulations, specify the application date, and provide an application number; Applications for variety rights that do not comply or still do not comply with regulations after modification will not be accepted, and the applicant will be notified.

5. Preliminary review

The reviewing authority shall complete the preliminary examination within 3 months, and for complex situations, an extension of 3 months may be granted. The variety right application that has passed the preliminary examination shall be announced; For variety right applications that fail the preliminary examination, the applicant shall be notified to state their opinions or make corrections within 3 months. If there is no response within the deadline or the application is still unqualified after correction, the application shall be rejected.

6. Substantive examination

After the announcement of the application, the variety right application enters the substantive examination stage. The reviewing authority will clarify the corresponding substantive review methods based on different plant genera and species, mainly including field testing and on-site review; For those who adopt field testing methods, the testing management department of the New Product Office will arrange relevant testing institutions to organize and carry out the testing. Please wait for the notification from the testing management department or testing institution for specific requirements. Testing institutions shall conduct field testing in accordance with the requirements of the "Regulations on the Management of Testing of New Varieties of Forestry Plants" and other regulations; For those who adopt on-site inspection method, the applicant needs to fill out the on-site inspection application form, print, sign and stamp it, and send the scanned copy or picture to CSC CNPVP.net. The Variety Testing Management Office organizes on-site inspections in accordance with the requirements of the "DUS On site Inspection Organization and Work Rules for New Plant Varieties", taking into account the biological characteristics of the applied variety, applicant suggestions, overall work progress, and other factors.

7. Proposed Authorization Publicity

If the substantive examination is qualified, the reviewing authority shall publicize the proposed authorized variety on the official website of the State Forestry and Grassland Administration for 15 working days.

8. Authorization and Announcement

The reviewing authority shall make a decision to grant variety rights to applications that meet the requirements after substantive examination, register and announce it, and issue a certificate of new plant variety rights.

V. Conclusion

The implementation of the new "Regulations on the Protection of New Plant Varieties" in 2025 marks a higher level of protection for new plant varieties in China. For breeders, timely application for plant variety rights is not only a necessary means to protect their own research and development achievements, but also a strategic choice to participate in market competition and achieve the transformation of scientific and technological achievements. With the improvement of DUS testing system, strengthening of rights protection mechanism, and deepening of international mutual recognition, plant variety rights have become a key engine driving the high-quality development of China's seed industry. I hope breeders can make full use of the mechanism for protecting plant variety rights, work together to safeguard every breeding innovation, and contribute to accelerating the construction of a strong intellectual property and agricultural country!