Plant Variety

Plant Variety

The Saudi Plant Variety Protection Law, established under Royal Decree No. M/27 on May 29, 1425 A.H. (June 17, 2004), came into effect on September 6, 2005. The Saudi Patent Office (SPO), now under the Saudi Authority for Intellectual Property (SAIP), oversees the granting of plant variety protection rights in the Kingdom.

Registration Process:

The registration process includes filing an application with the Saudi Patent Office, followed by a formal examination to ensure compliance with procedural requirements. Upon successful examination, a filing number is assigned, and the filing date is secured.

To qualify for protection, a plant variety must demonstrate:

Novelty Criteria:

A plant variety is considered novel if propagating or harvested materials have not been sold or otherwise made available for exploitation:

• In Saudi Arabia, for more than 1 year prior to the application or claimed priority date.
• In other countries, for more than 4 years, or in the case of trees, for more than 6 years.

Eligible Plant Varieties:

Protection is granted for specific crops, including:

• Grains: Wheat, Barley
• Fruits: Dates, Grapes, Mangoes, Apples
• Vegetables: Tomatoes, Potatoes, Onions
• Other Plants: Roses, Olive Trees, Peppers

Duration of Protection:

• Trees and Vines: 25 years from the filing date.
• Other Crops: 20 years from the filing date.

Filing Requirements:

Applicants must submit the following:

• Plant Variety Name: Suggested name referring to the variety.
• Plant Type: Generic classification of the variety.
• Commercial Name: Name under which the variety will be marketed.
• Breeder Information: Name and address of the breeder.
• Priority Claim Documents: Certified copies (if applicable).
• Technical Specifications: Detailed information in English and Arabic, including:
• Variety name and classification.
• Origin and breeding methods.
• Propagation process and uniformity proof.
• Stability evidence through propagation cycles.
• Distinguishing features with photographs, drawings, or samples (if applicable).

Required Documents:

• Notarized Power of Attorney: Apostilled or legalized by the Saudi Consulate.
• Notarized Deed of Assignment: If applicable, assigning breeder rights to the applicant, Apostilled or legalized by the Saudi Consulate.

Note: Only electronic copies are required unless originals are requested for verification.

Renewal:

Renewal is essential to maintain the validity of plant variety rights. Our automated IP renewal system ensures timely payments and avoids lapses.

• Due Date: At the beginning of each year following the filing year.
• Payment Period: January 1st to March 31st.