US Plant Variety 

Protection Office 

About Us 

Marketing New Plant Varieties by 

Protecting Plant Breeders’ 

Innovation

The U.S. Department of Agriculture’s (USDA) Agricultural 

Marketing Service (AMS) helps ensure the quality and fair 

marketing of U.S. agricultural products. Our grades, 

standards, and seals rely on scientific expertise and data to 

ensure the quality of American food and products. 

Plant Variety Protection 

Plant breeders use plant variety protection as an 

important marketing tool that protects their innovation. 

The AMS Plant Variety Protection Office (PVPO) provides 

intellectual property rights protection to breeders of 

varieties of sexually reproduced, tuber propagated and 

asexually reproduced plants that are new, distinct, 

uniform, and stable. Based on the Plant Variety Protection 

Act and in compliance with the International Union for 

the Protection of New Varieties of Plants (UPOV), we 

examine new variety characteristics in order to grant 

certificates that protect varieties for 20 years (25 years for 

woody vines and trees).

The Plant Variety Protection Act helps 

promote and protect the interests of 

everyone in the seed trade: home 

gardeners, small family farmers, 

university researchers, plant breeders, 

and seed businesses of all sizes.

www.ams.usda.gov/PVPO

Plant Variety Protection 

Certificates

This voluntary program is 

funded through payment 

of application fees for 

certificates of protection 

and creates an incentive 

for the development of 

new and improved 

varieties adapted to 

changing farming 

conditions. New varieties 

can increase yield and 

crop productivity, increase 

farmers’ income, and 

expand trade and 

economic growth.

The plant variety protection 

certificates are recognized 

worldwide and speed 

foreign plant variety 

protection application 

filing. The PVPO works 

actively with members of 

UPOV to promote 

cooperation on the 

standards for variety 

examination.

Agricultural Marketing Service

Benefits of Plant Variety 

Protection

Once plant variety 

protection is granted, 

certificate owners have 

exclusive legal rights to 

market and to exclude 

others from selling their 

varieties for 20 years (25 for 

woody vines and trees). 

Other benefits of plant 

variety protection include:

• Provisional protection 

upon application receipt

• Priority when filing in 

another country

• User-friendly filing without 

the need for an attorney

• No annual maintenance 

fees

• Applicant-conducted 

field trials

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Agricultural Marketing Service Plant Variety Protection Office

November 2020 | Plant Variety Protection Office

USDA is an equal opportunity provider, employer, and lender.

Application Requirements

Before applying to PVPO,

applicants should have bred 

a new variety, completed 

distinctness trials, and chosen 

a unique name for it. The 

variety needs to be:

• New: Not sold commercially 

or sold for less than a year in 

US or less than 4 years 

Internationally.

• Distinct: Distinguishable from 

any other publicly known 

variety.

• Uniform: Any variations are 

describable, predictable, and 

commercially acceptable.

• Stable: When reproduced, 

the variety will remain 

unchanged from the 

described characteristics.

PVPO Statistics

• PVPO receives 

approximately 450

applications per year

• More than 400 certificates 

are issued annually

• The average amount of 

time from application to 

issuance is 18 months

• 110 days was the fastest 

issuance time

• PVPO has applications for 

170 species and counting 

• PVPO Top Crops: 

Soybean, Wheat, Corn, 

Potato, Cotton, Pea, Barley, 

Lettuce, Field Bean, and 

Rice. 

Science-Based Review

PVPO has examiners trained 

in disciplines such as

botany, plant pathology, 

genetics, plant physiology, 

and intellectual property 

rights.

Plant Variety Protection 

Advisory Board

The Plant Variety Protection 

Act provides for a Plant 

Variety Protection Board to 

be appointed by the U.S. 

Secretary of Agriculture. The 

Plant Variety Protection 

Board consists of 14 

members representing 

farmers, the seed industry, 

trade and professional 

associations, and public and 

private research institutions 

involved with developing 

new plant varieties. 

Members of the Plant 

Variety Protection Board 

provide oversight and 

guidance to the program 

on plant variety protection 

issues.

International Union for 

the Protection of New 

Varieties of Plants 

(UPOV)

PVPO follows the UPOV 

1991 agreement and 

guidance for Distinctness, 

Uniformity, and Stability 

(DUS) trials, forms, and

cooperation between 

authorities. 

Contact Information

USDA, Agricultural 

Marketing Service, 

Science and Technology 

Program,

Plant Variety Protection 

Office

1400 Independence 

Avenue, SW, Room 2915

South, Stop 0274, 

Washington DC 20250

Phone: (202) 260-8983

Email: 

pvpomail@usda.gov

Website: 

www.ams.usda.gov/PVPO

Anyone who is the breeder of a unique variety of a

sexually reproduced, tuber propagated, or asexually 

reproduced plant may apply for plant variety 

protection. 

The applicant may be:

an individual, a public institution, or a corporation.