Application for Plant Variety Protection Certificate and Objective Description of Variety

Plant Variety Protection Office
Guidelines Exhibit B - Statement of Distinctness
To produce a Statement of Distinctness the applicant can follow the below steps:
(1a) State the most similar previously existing variety, varieties, or identifiable group of
varieties; or,
(1b) State all the previously existing varieties known for a crop. Generally, this can only be
one for a newly identified crop.
(2) State the character or characters that clearly distinguish the applicant's variety from the
varieties stated in step 1 (i.e., the most similar variety or varieties).
(3) State the qualities or quantities of the character(s) referenced in step 2. Note the character
state must be provided for the application variety and the most similar variety or varieties.
Please see Examples of Statements of Distinctness.
General Requirements for a Distinguishing Character
Differences in quantitative characters such as plant size, seed size, and maturity, that are not
obvious and detectable without a direct comparison, must be supported by evidence provided by
the applicant. The evidence must be given as numerical data obtained from at least 2 trials.
Please see the Guidelines for Presenting Evidence in Support of Variety Distinctness.
Distinction based on differences in color needs to be referenced with a standard such as the
Royal Horticultural Society Colour Chart or the Munsell Book of Color, unless dramatic (i.e., red
vs. green). Color chart measurements must be conducted in two or more localities or growing
seasons.
Distinction based on differences in disease reaction needs to be supported with data or results
from at least 2 trials that were conducted in two or more localities or growing seasons, unless
dramatic (i.e., immune vs. highly susceptible); or the presence or absence of a gene known to
elicit the reaction must be stated. When the causal agent has been demonstrated or identified, the
source of the disease must be provided. Also, the disease reaction needs to be referenced to the
causal agent or organism including the race, strain, or pathotype where appropriate. If the causal
agent has not been demonstrated or identified, the source of the disease or inoculant must be
provided.
Differences in yield cannot be used as a basis for distinction because yield is a highly complex
character. Sub-characters that contribute to differences in yield can be used as a basis for
distinction.
Improvements in uniformity (by reducing the standard variation) are not sufficient to assess
distinction.

1

The PVPO will accept differences using molecular techniques (DNA fingerprinting) only if:
• Τhe molecular marker locus is publicly disclosed and cited (cites to URLs such as Soybase
or MaizeGDB are acceptable);
• the molecular marker locus is clearly identified;
• the specific differentiating data is cited;
• if photographic copies are provided, they contain sufficient resolution of scientific
publishable quality gels or other molecular data with sufficient resolution and labeling to
resolve the individual data in question are provided;
• the molecular marker locus can be detected by a third party.
For example, in the case of:
SNPs - the locus is defined by the SNP sequence showing the substitution or indel
SSRs - the locus may be defined by primer pairs or sequence
AFLPs - the locus is defined by primer pairs
RAPDs - the locus is defined by primer pairs
Guidelines for Presenting Evidence in Support of Variety Distinctness
Differences in quantitative characters such as plant size, seed size, maturity and any difference
not obvious must be given as numerical data obtained from similar comparisons with a statistical
analysis showing the degree of significance. The comparison must be conducted in at least two
locations or two growing periods.
The following information is required as part of the statistical analysis:
(1) Provide data or results from at least 2 trials for comparison of a differentiating characteristic,
conducted in two or more localities or growing seasons with the results analyzed separately
clearly demonstrating repeatability (do not pool your data);
(2) The location of each trial; planting, harvesting, and comparison dates for each trial; number
of plants in each trial; sample size or number of plants (or plant parts) for each comparison;
(3) Mean or average value of the differentiating characteristic for each variety in the comparison.
(4) Some measure of the range of observed values for each variety in the comparison, such as the
standard deviation, 95% confidence intervals, the actual range observed values from minimum to
the maximum, or a histogram or box plot, which are helpful in determining the validity of any
comparisons;
(5) Name of the specific statistical analysis used (e.g., T-test, specific "LSD" procedure,
ANOVA, or the like);

2

(6) Citation of the actual statistic and the probability value (if a T-test was used, provide the
actual T-value, as well as the probability value corresponding to it);
(7) Evidence that the analysis is appropriate in this case (e.g. if the distribution was not a normal
distribution, that the analysis was non-parametric, e.g. Mann-Whitney U-test, or that the data
were appropriately transformed), include any factors that prevented the normal distribution
and/or confidence of the data.
Examples of Statements of Distinctness
'Variety A' is most similar to 'Variety B'; however, 'Variety A' has a darker leaf color than
'Variety B' (140B vs. 140A and 143B vs. 143A RHS, respectively).
'Variety A' is most similar to 'Variety B'; however, 'Variety A' has a lighter pod color than
'Variety B', (137B vs. 193A RHS, respectively).
'Variety A' is most similar to 'Variety B'; however, 'Variety A' has the er gene conferring
resistance to Erisyphe pisi (powdery mildew), whereas 'Variety B' lacks the er gene and is
susceptible.
'Variety A' is most similar to 'Variety B'; however, 'Variety A' carries the mo allele for resistance
to bean yellow mosaic virus and is resistant, whereas 'Variety B' carries the Mo dominant allele
for susceptibility and is susceptible.
'Variety A' is most similar to 'Variety B'; however, 'Variety A' is more resistant to Erisyphe pisi,
which causes powdery mildew, than 'Variety B', 3.0 vs. 5.5 on a 1-9 scale with 1 being highly
resistant and 9 being highly susceptible.
'Variety A' produces 2 to 3 flowers per node, whereas 'Variety B' only produces 1 to 2 flowers
per node.
'Variety A' is most similar to 'Variety B'; however, 'Variety A' flowers 6 days earlier than
'Variety B' (50 vs. 56 days, respectively).
'Variety A' is most similar to 'Variety B'; however, 'Variety A' has a larger seed weight than
'Variety B' (2500 vs. 3000 seeds/lb., respectively).
'Variety A' is most similar to 'Variety B'; however, 'Variety A' has a brown hilum, whereas
'Variety B' has a black hilum.
'Variety A' is most similar to 'Variety B'; however, 'Variety A' differs from 'Variety B' in plant
height (219 vs. 178 cm) and ear height (90 vs. 69 cm).
'Variety A' is most similar to 'Variety B'; however, 'Variety A' differs from 'Variety B' in leaf
angle (14 vs. 28 degrees, respectively) and silk color, salmon vs. green (Munsell 2.5R 4/8 vs. 2.5
GY 8/6, respectively).

3

'Variety A' is most similar to 'Variety B' and 'Variety C'; however, 'Variety A' is 7 days earlier to
bloom than 'Variety B' and 4 days later to bloom than 'Variety C'.
'Variety A' is most similar to 'Variety B' and 'Variety C'. 'Variety A' has a lower lint percent (35.0
vs. 37.6%), lower lint index (6.6 vs. 7.9 g lint/100 seeds), higher stelometer (33.2 vs. 30.2 g/tex)
and higher 2.5% span length (1.37 vs. 1.32) than 'Variety B'. 'Variety A' has a lower lint index
(6.6 vs. 7.3 g lint/100 seeds) and a lighter boll (3.2 vs. 3.4 g) than 'Variety C'.

Revised 02/20/2009.

4