Fees and Payments

The fees structure refers to the fees Commission regulation (EC) No. 1238/95, amended by Regulation (EC) No. 329/2000, Regulation (EC) No. 569/2003, Regulation (EC) No. 1177/2005, Regulation (EC) No. 2039/2005, Regulation (EC) No. 572/2008, (EU) n°1294/2014 and (EU) n° 2141/2016.

Application fee

The applicant for a community plant variety right shall pay this application fee at the date of the processing application:
Online applications		450 Euros
Paper applications		650 Euros

Payment due: Payment of the application fee shall be made prior to or on the date on which the application is filed at the Office. If this payment is considered not to have been received at the same time as the application by the Office, the applicant will be notified of this in the acknowledgement of receipt and will be required to pay the application fee within two weeks of the date of issue of the form. The Office will serve a reminder for unpaid fees after the expiry of these two weeks, as a consequence the provisional application date will be removed. If the application fee is received within one month of the date of issue of the reminder, the balance date of the fee will become the application date. If it’s not received within one month of the date of issue of the reminder, the application will be deemed abandoned.

 

In order to assist the Office with the processing of the payment of the application fee, please ensure that the following details are included on the bank transfer form: the denomination, the species and the fee type (application fee) of all the applications included in the payment.

 

If there is insufficient space on the bank transfer form itself, please send these details, together with the details of your payment (Remitter’s name and address, date of payment, total value of payment in Euro), directly to the Office either via e-mail, fax or post.

Examination fees

The examination fees are fixed under the current fees regulation. The fees due to be paid for each growing period depends on which species your variety belongs to. The range is from 1530 Euros up to 3050 Euros, organized in 14 different fee groups as detailed in the table below.

Each species is attributed to one of these 14 fee groups. List of species with the relevant fee group

 

Fee groups (Fees in Euros)

Agricultural group
1	Potato	1760
2	Oilseed rape	1860
3	Grasses	2430
4	Other agricultural species	1530
Fruit group
5	Apple	3050
6	Strawberry	2920
7	Other fruit species	2810
Ornamental group
8	Species with living reference collection, greenhouse test	2020
9	Species with living reference collection, outdoor test	1960
10	Species with non-living reference collection, greenhouse test	1940
11	Species with non-living reference collection, outdoor test	1730
12	Species with special conditions	3350
Vegetable group
13	Species, greenhouse test	2360
14	Species, outdoor test	2150

Examination fees are due:

a.) for each growing period
b.) in the case of hybrids of certain agricultural crops, for each component of which an official description is not available and an examination is required,

The examination fees may not exceed three times the examination fee per variety.

Payment due

First growing period: payment has to be made by the closing date for the receipt of the material for the technical examination. Attention is drawn to the fact that if payment is not received by that date at the latest, the examination will NOT go ahead.

Subsequent growing period(s): 1 month prior to the beginning of such period. If payment is not received by that date at the latest, the examination may be suspended, with the probable consequence that the variety will miss a growing season.

A debit note will be sent to you by the Office for each growing period.

Fee for taking over reports

Where the Office makes use of a report on the result of a technical examination of a variety carried out previously for official purposes in a Member State a fee for taking over reports.

320 Euros

Payment due:
30 days after the date of issue by the Office of the report fee debit note.

Annual fee

For the annual fees that fall due as from 1st January 2017, the fixed annual fee is €330 Euros per variety and per year of protection.

Payment due:
The first annual fee shall be paid within 60 days of date of grant.

The annual fees due for the subsequent years shall be paid on the first day of the calendar month preceding the month in which the anniversary date of the grant falls.

Example

Date of grant of a CPVR: Date by which 1st annual fee must be paid:	22.04.2013 21.06.2013
For the following years: Date by which 2nd annual fee must be paid: Date by which 3rd annual fee must be paid: Etc.	01.03.2014 01.03.2015

A debit note will be sent to you by the Office each year.

The annual fee is charged for each year of the duration of the CPVR. That year begins on the anniversary of the date on which the CPVR was granted. Therefore, if the holder of the right wishes to surrender his right, the notification of surrender must be received by the Office before the start of the new year of protection. The first annual fee is always due.

Continuing the example above:
If the title holder wants to surrender the Right at the end of the 2nd year of protection, the notification of surrender must reach the Office by 21st April 2015.

Failure to notify the Office within the time limits prescribed will result in the following year’s annual fee being due for payment.
Please note that the Office will not refund any payments which have been effected in order to keep a right in force.

Appeal fee

1/3 of the appeal fee is due from the appellant on the date of receipt of the appeal by the Office. The remaining 2/3 is due, upon request of the Office, within 1 month after remittal of the case to the Board of Appeal.

1500 Euros

The appeal fee will be refunded, in the event of an interlocutory revision by order of the President and in other cases by order of the Board of Appeal, except when the success of the appeal is due to facts unavailable at the time of the original decision.

Other Fees (non-exhaustive list)

(a)	Entries in the Register Transfer of one or several Community Plant Variety Right (s) and or applications for the same holder or applicant Transfer, deletion of the procedural representative Recordal of a variety as essentially derived from an initial variety with granted Community plant variety right Recordal of a deed of pledge, or a levy of execution, for one or several applications or grants Recordal of contractual exploitation right over the EU or part of the territory of the EU.	100 Euros
(b)	Issuance of Certified documents An extract of the Register of  an application for, or the grant of, a Community plant variety right An issue of certified copies of an application for, or the grant of, a Community plant variety right	20 Euros (for up to 10 pages and 1 Euro per page thereafter)
(c)	Application for a compulsory exploitation right, including any entries in the Registers An application for an exploitation right to be granted by the Office pursuant to Article 100 (2) of the Basic Regulation, or a request to amend such exploitation rights, once granted, (compulsory licence fee), save for the Commission or a Member State in the circumstances referred to in Article 29 (2) thereof.	1 500 euros
Please note that the fees for effecting the entries in the Register and for issuing the certified documents are due on the date of receipt of the application of the specific request. Certified documents will not be issued until payment has been made.

Important notice

Considering Regulation 1238/95; the date on which a payment is considered made is the date when the payment is entered in the bank account of the office (art 4). The purpose of the payment must be communicated to the Office. If the Office cannot identify the purpose of the payment, it shall require the person having made the payment to inform it thereof in writing within 2 months. If after those 2 months there is no indication of said purpose, the payment is deemed not to have been made and the Office can refund it (art 5).

Non-payment of the application fee will suspend the publication of the application and the technical examination will be deferred (art 7).

According to the Regulation 2100/94 (art 83.2), applications for which there is no payment of report fee or examination fee could be deemed not to have been filed.

According to the Regulation 2100/94 (art 21.2), Non-payment of the annual fee can lead to a cancelation of the title.

Bank details

Please find below the bank details of the CPVO that are required for the  payments via credit transfer to be carried out in favour of the Office. You must pay the relevant amount in EURO by bank transfer to the following bank account: