Page 1 of 9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

Plant Variety Protection Office 

U.S. Department of Agriculture 1400 Independence Avenue, SW 

Agricultural Marketing Service Room 2915-South Building, Stop 0274 

Science & Technology Program Washington, DC 20250 

(202) 260-8983 

PVPOMail@usda.gov 

Application for Plant Variety 

Protection Certificate 

Paperwork Burden Statement: According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not 

required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information 

collection is 0581-0055. The time required to complete this information collection is estimated to average 1.5 hours per response, including the time 

for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection 

of information. 

Civil Rights Policy Statement: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of 

race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, 

genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program (Not all 

prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, 

large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to 

USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-

6382 (TDD). USDA is an equal opportunity provider and employer. 

Privacy Act Advisory Statemant: The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with the 

request for information solicited on the Application for Certificate forms and Exhibits (ST-470). Accordingly, pursuant to the requirements of the Act, 

please be advised that: (1) the authority for the collection of this information is 15 U.S.C. § 1113 or 35 U.S.C. § 41 and 37 CFR 1.16-1.28, 1.492, or 

2.6-2.7; (2) furnishing of the information solicited is voluntary; (3) after issuance of a certificate of protection the Office will furnish copies of the 

application and related papers to any person upon payment of the specified fee (Part 97 §97.17 Plant Variety Protection Act and Regulations and 

Rules of Practice); and (4) the principal purpose for which the information is used by the PVPO is to determine that the Variety is new, distinct from 

any known variety, uniform, and stable. If you do not furnish the requested information, your application may be delayed. 
Page 2 of 9

 

 

 

 

 

Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

U.S. DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE 

APPLICATION FOR PLANT VARIETY PROTECTION CERTIFICATE 

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act (PRA) of 1995. 

Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). 

Information is held confidential until certificate is issued (7 U.S.C. 2426). 

OMB Collection #0581-0055 

FOR OFFICIAL USE ONLY: 

PVPO NUMBER: FILING DATE: 

FILING AND EXAMINATION FEES PAID DATE 

1. NAME OF OWNER: (Name to be printed on certificate) 2. TEMPORARY DESIGNATION OR EXPERIMENTAL NAME: 

3. VARIETY NAME: 

4. ADDRESS: 

5. OWNER TELEPHONE: (+00 (000) 000-0000) 6. OWNER FAX NUMBER AND/OR EMAIL ADDRESS: 

7. IF OWNER NAMED IS NOT A "PERSON", GIVE FORM OF ORGANIZATION: (corporation, partnership, association, etc.) 

8. IF INCORPORATED, GIVE STATE OF INCORPORATION: 9. DATE OF INCORPORATION: 

10. NAME AND ADDRESS OF OWNER REPRESENTATIVE(S) AND/OR BREEDERS(S) TO SERVE ON THIS APPLICATION:

(First person listed will receive all documents including the certificate of protection) 

NAME(S): ADDRESS(ES): 

11.REPRESENTATIVE TELEPHONE: (+00 (000) 000-0000) 12. REPRESENTATIVE FAX: 

13. REPRESENTATIVE EMAILS: 
Page 3 of 9

 

 

 

 

 

 

 

 

 

 

Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

U.S. DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE 

APPLICATION FOR PLANT VARIETY PROTECTION CERTIFICATE 

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act (PRA) of 1995. 

Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). 

Information is held confidential until certificate is issued (7 U.S.C. 2426). 

OMB Collection #0581-0055 

14. CROP KIND: (Common Name) 15. GENUS AND SPECIES: 16. FAMILY NAME: (Botanical) 

17. IS THE VARIETY A FIRST-GENERATION HYBRID?

 YES NO 

18. DOES THE VARIETY CONTAIN ANY BIOTECHNOLOGY EVENTS? *

 YES NO 

*A biotechnology event is defined as a single insertion of a nucleic acid construct into a specific site in a plant’s chromosome that is 

regulated under the U.S. Coordinated Framework for the Regulation of Biotechnology. 

19. SEE ATTACHED CHECKLIST, PLEASE INCLUDE WITH FINAL SUBMISSION 

20. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE SOLD ONLY AS A CLASS OF CERTIFIED SEED? 

(See Section 83(a) of the Plant Variety Protection Act) 

YES (If "yes", answer items 21 and 22 below) 

NO (If "no", go to item 23) 

UNDECIDED 

21. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE LIMITED AS TO NUMBER OF CLASSES?

 YES NO

 IF YES, WHICH CLASSES? 

FOUNDATION REGISTERED CERTIFIED 

22. DOES THE OWNER SPECIFY THAT SEED OF THIS VARIETY BE LIMITED AS TO NUMBER OF GENERATIONS?

 YES NO

 IF YES, SPECIFY THE NUMBER 1,2,3, etc. FOR EACH CLASS: 

FOUNDATION REGISTERED CERTIFIED 

COMMENTS: 
Page 4 of 9

 

 

 

 

 

 

 

 

 

 

Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

U.S. DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE 

APPLICATION FOR PLANT VARIETY PROTECTION CERTIFICATE 

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act (PRA) of 1995. 

Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). 

Information is held confidential until certificate is issued (7 U.S.C. 2426). 

OMB Collection #0581-0055 

23. HAS THE VARIETY (INCLUDING ANY HARVESTED MATERIAL) OR A HYBRID PRODUCED FROM THIS VARIETY BEEN

SOLD, DISPOSED OF, TRANSFERRED, OR USED IN THE U. S. OR OTHER COUNTRIES?

 YES NO 

IF YES, YOU MUST PROVIDE THE DATE OF FIRST SALE, DISPOSITION, TRANSFER, OR USE FOR EACH COUNTRY AND 

THE CIRCUMSTANCES: 

24. IS THE VARIETY OR ANY COMPONENT OF THE VARIETY PROTECTED BY INTELLECTUAL PROPERTY RIGHT (PLANT

BREEDER'S RIGHT OR PATENT)?

 YES NO 

IF YES, PLEASE GIVE COUNTRY, DATE OF FILING OR ISSUANCE AND ASSIGNED REFERENCE NUMBER: 

25. The owners declare that a viable seed sample will be furnished directly to an acceptable repository in support of the variety

within three months of filing. For a tuber propagated variety or vegetatively reproduced variety, a germplasm sample will be

deposited in a public repository within three months of the date of the Notice of Allowance letter. These will be maintained for the

duration of the certificate. Germplasm will be replenished upon request in accordance with such regulations as may be applicable.

The undersigned owner(s) is(are) the owner of this plant variety and believe(s) that the variety is new, distinct, uniform, and stable 

as required in 7 U.S.C. 2402, and is entitled to protection under the provisions of 7 U.S.C. 2402 of the Plant Variety Protection Act. 

Owner(s) is(are) informed that false representation herein can jeopardize protection and result in penalties. 

SIGNATURE OF OWNER: SIGNATURE OF OWNER: 

NAME: (Please print or type) NAME: (Please print or type) 

CAPACITY OR TITLE: DATE: CAPACITY OR TITLE: DATE: 
Page 5 of 9

 

 

 

 

 

 

 

 

Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

19. CHECK LIST: (Please include with final submission)

ST-470 APPLICATION FOR PLANT VARIETY PROTECTION CERTIFICATE 

Owner and Variety Information. 

See UPOV Explanatory Notes on Variety Denominations Under the UPOV Convention 

(https://www.upov.int/edocs/infdocs/en/upov_inf_12_4.pdf) 

See UPOV Explanatory Notes on the Definition of Breeder Under the 1991 Act of the UPOV Convention 

(https://www.upov.int/edocs/expndocs/en/upov_exn_brd.pdf) 

Exhibit A. Origin and Breeding History of the Variety 

See UPOV Explanatory Notes On The Definition Of Variety Under The 1991 Act Of The UPOV Convention 

(https://www.upov.int/edocs/expndocs/en/upov_exn_var.pdf) 

Exhibit B. Statement of Distinctness 

See UPOV General Introduction to the Examination of Distinctness, Uniformity and Stability and the 

Development of Harmonized Descriptions of New Varieties of Plants 

(https://www.upov.int/export/sites/upov/resource/en/tg_1_3.pdf) 

Exhibit C. Objective Description of Variety 

Please submit the Exhibit C matching the subject crop (if one is not available please contact the PVPO) 

(https://www.ams.usda.gov/services/plant-variety-protection/pvpo-c-forms) 

For Distinctness, Uniformity, and Stability (DUS) testing guidance please see UPOV Database of Test 

Guidelines for Specific Crop Kinds: 

(https://www.upov.int/test_guidelines/en/) 

An officially issued DUS report may be submitted in place of an Exhibit C for most crops. Additional 

information may be required during the examination. Please contact PVPO for more information. 

Exhibit D. Additional Description of the Variety (Optional) 

Additional information and Evidence (Including: Photographs, Data, Genetic Information, Attachments) 

Exhibit E. Statement of the Basis of the Owner's Ownership 

Plant variety protection can only be afforded to the owners (not licensees) who meet the following criteria: 

1. If the rights to the variety are owned by the original breeder, that person must be a U.S. national,

national of a UPOV member country, or national of a country which affords similar protection to

nationals of the U.S. for the same genus and species.

2. If the rights to the variety are owned by the company which employed the original breeder(s), the

company must be U.S. based, owned by nationals of a UPOV member country, or owned by

nationals of a country which affords similar protection to nationals of the U.S. for the same genus

and species.

3. If the owner is an owner who is not the original owner, both the original owner and the owner must

meet one of the above criteria. The original breeder/owner may be the individual or company who

directed the final breeding. See 7 U.S.C. 2401 of the Plant Variety Protection Act for definitions.

FILING AND EXAMINATION FEE 

Use ePVP, pay.gov, credit card, or make checks and money orders payable to "Treasurer of the United States" 

Fee of $5,150 covers application and certificate filing fee. 

GERMPLASM DEPOSIT 

Germplasm has been deposited with: 

Technical Infeasibility of Germplasm Deposit (Please contact PVPO) 

Germplasm will be deposited after PVP Certificate Issuance (Potato and Vegetatively Reproduced Varieties) 
Page 6 of 9 Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

U.S. DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE 

EXHIBIT A 

ORIGIN AND BREEDING HISTORY 

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act (PRA) of 1995. 

Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). 

Information is held confidential until certificate is issued (7 U.S.C. 2426). 

OMB Collection #0581-0055 

NAME OF OWNER (S): TEMPORARY OR EXPERIMENTAL 

DESIGNATION: 

VARIETY NAME: 

I. PROPAGATION: 

1. How is the variety propagated? 

Sexually Propagated: 

Seed 

Asexually Propagated: 

Bulb Cutting Grafting Layering 

Offset Suckering Tissue Culture Tuber 

Other (Specify) 

II. GENEALOGY: 

1. Describe the genealogy of the variety including the ownership, protections (with reference numbers), and origins of 

the stock plants. Please include the breeding methods used, duration of breeding stages, and any additional testing 

or development work completed. (Please attach more pages if necessary). 

2. Give the details of subsequent stages of selection and multiplication. 

Year(s) Detail of Stage Selection Criteria 

___________ _______________________________________ ______________________________________ 

___________ _______________________________________ ______________________________________ 

___________ _______________________________________ ______________________________________ 

___________ _______________________________________ ______________________________________ 

___________ _______________________________________ ______________________________________ 
Page 7 of 9

 

 

 

Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

U.S. DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE 

EXHIBIT A 

ORIGIN AND BREEDING HISTORY 

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act (PRA) of 1995. 

Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). 

Information is held confidential until certificate is issued (7 U.S.C. 2426). 

OMB Collection #0581-0055 

NAME OF OWNER (S): TEMPORARY OR EXPERIMENTAL 

DESIGNATION: 

VARIETY NAME: 

III. UNIFORMITY: 

1. ________Is the variety uniform?: 

A. Yes B. No 

2. How did you test for uniformity? 

IV. STABILITY: 

1. ________Is the variety stable?: 

A. Yes B. No 

2. How did you test for stability? Over how many generations? 

3. ________Are genetic variants observed or expected during reproduction and multiplication? 

A. Yes B. No 

If Yes, state how these variants may be identified, their type and frequency. 
Page 8 of 9

 

 

 

 

 

 

 

Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

U.S. DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE 

EXHIBIT B 

STATEMENT OF DISTINCTNESS 

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act (PRA) of 1995. 

Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). 

Information is held confidential until certificate is issued (7 U.S.C. 2426). 

OMB Collection #0581-0055 

NAME OF OWNER (S): TEMPORARY OR EXPERIMENTAL 

DESIGNATION: 

VARIETY NAME: 

BASED ON OVERALL MORPHOLOGY _________________________ IS MOST SIMILAR TO ____________________________. 

(Subject Variety) (Most Similar Variety(ies)) 

The variety _______________________ most clearly differs from _________________________ in the following traits: 

(Subject Variety) (Most Similar Variety(ies)) 

Traits Subject Variety Most Similar Variety Location of Evidence 

Qualitative Traits 

Color Traits 

Quantitative Traits 

Other Traits 

Example

Leaf Pubescence 

Leaf Color 

Plant Height 

Heavy Pubescence 

Dark Green (5GY 3/4) 

200 cm +/- 10 cm (N=25) 

Glabrous 

Light Green (2.5GY 8/10) 

250 cm +/- 15 cm (N=25) 

Photograph attached 

Munsell Color Chart 

Statistics attached 

Please use additional tables to present clear differences for additional comparison varieties.

Include additional pages of supporting evidence in Exhibit D. 
Page 9 of 9

 

 

Form ST 470 OMB NO. 0581-0055 

Expiration Date: 01/31/2022

U.S. DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

SCIENCE AND TECHNOLOGY - PLANT VARIETY PROTECTION OFFICE 

EXHIBIT E

STATEMENT OF THE BASIS OF OWNERSHIP

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act (PRA) of 1995. 

Application is required in order to determine if a plant variety protection certificate is to be issued (7 U.S.C. 2421). 

Information is held confidential until certificate is issued (7 U.S.C. 2426). 

OMB Collection #0581-0055 

NAME OF OWNER (S): TEMPORARY OR EXPERIMENTAL 

DESIGNATION: 

VARIETY NAME: 

1. Does the owner own all rights to the variety? 

YES NO 

If NO, please explain: 

2. Is the owner a U.S. national or a U.S. based entity? 

YES NO 

If NO, give name of country: 

3. Is the owner the original owner? 

YES NO 

If NO, please answer one of the following: 

A. If the original rights to the variety were owned by individual(s), is (are) the original owner(s) a U.S. national(s)? 

YES NO 

If NO, give name of country: 

B. If the original rights to the variety were owned by a company(ies), is (are) the original owner(s) a U.S. based 

company? 

YES NO 

If NO, give name of country: 

4. Additional explanation on ownership (Trace ownership from original breeder to current owner):