New Plant Varieties

– Act on Plant Breeders' Rights (1997:306), as amended up to Act (2022:491).
– Regulation on Plant Breeders' Rights (1997:383), as amended up to Regulation (2011:600).

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), since December 17, 1971, 1991 Act since April 24, 1998.

Filing

Applicant: may be the breeder or his legal successor. The applicant must be a citizen or resident of a Union country (member of UPOV).

Filing requirements (following documents are needed for filing an application):
1. Application form stating name and address of the applicant and the breeder, proposed designation for the variety, and in Convention applications, the country, filing date and serial number of the basic application;
2. Power of attorney, not legalized;
3. Assignment document, if the applicant is not the actual breeder;
4. Description of the variety including essential characteristics;
5. Solemn declaration by applicant that to his knowledge marketing has not taken place contrary to Chapter 3, Article 2 of the Act.

Examination Procedure

Testing is directed under the supervision of the National Plant Variety Board, either in Sweden or in another country being a member of UPOV. When testing is finished a final description of the variety is established by the testing authority.

Opposition

Publication: the Plant Variety Board publishes the application and the denomination in a special Gazette when the application documents are complete.

Opposition: may be entered, either against the application as such or against the denomination only. The term within which opposition must be entered is determined by the Plant Variety Board.

Granting, Protection

The Plant Variety Board notifies the applicant that the testing has been finished and sends him the established description of the variety. When applicant has approved the established description a registration is granted.

Duration: twenty-five years from the date of grant, thirty years for potatoes, trees and wines.

Annuities: fall due on 1st January each year after a registration has been granted. The annuity fee may be paid with a fine within six months after due date.