Please note that CPVO's fees have been updated on 1st July 2023 in respect of the updated fees regulation published in the Official Journal of the European Union on 7 June 2023.
The fee structure is determined by 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, Regulation (EU) No. 510/2012, Regulation (EU) No. 623/2013 (EU) Regulation (EU) No. 1294/2014, Regulation (EU) No. 2206/2015, Regulation (EU) No. 2141/2016, Regulation (EU) No. 2019/1978 and Regulation (EU) No. 2023/1104.
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 |
800 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 (Fee groups)
The new examination fees are fixed under the current fees regulation and apply to applications made as from 1st July 2023.
For applications prior to this date and for all related growing periods, the former fees remain applicable.
The fees due to be paid for each growing period depends on which species your variety belongs to. The range is from 1980 Euros up to 4130 Euros, organized in 12 different fee groups.
Each species is attributed to one of these 12 fee groups, you can find the relevant attribution in the S2/S3 Publication: S2/S3 Publication
Fee groups (Fees in Euros)
| Agricultural group |
| 1 |
Potato |
2580
|
| 2 |
Grasses |
3650
|
| 3 |
Other agricultural species |
1980
|
| Fruit group |
| 4 |
Apple |
4130
|
| 5 |
Other fruit species |
4130
|
| Ornamental group |
| 6 |
Ornamental living greenhouse |
2390
|
| 7 |
Ornamental living outdoor |
3070
|
| 8 |
Ornamental non-living greenhouse |
2760
|
| 9 |
Ornamental non-living outdoor |
2890
|
| 10 |
Ornamental special |
3550
|
| Vegetable group |
| 11 |
Vegetable greenhouse |
3570
|
| 12 |
Vegetable outdoor |
3280
|
Please note that group 3A corresponds to group 3 of the fees regulation, group 5A corresponds to group 5 and groups 31 and 32 correspond to group 6.
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 issued as from 1st July 2023 (date of issuance of the debit note), the fixed annual fee is €380 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.
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. |
2100 Euros |
The new fee of 2 100€ will be invoiced only for new procedures. For appeals lodged before 1st of July 2023, the fee remains 1 500€ (including the 2/3, even if invoiced after July 1st 2023).
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.
Objection fee
The full objection fee of 350€ is due and payable by the objector on the date of receipt of the objection by the Office. A debit note to this effect will be sent out by the Office. Treatment of the objection will be dependent on the advanced payment of this fee.
Nullity fee
The full nullity fee of 600€ is due and payable by the nullity petitioner on the date of receipt of the nullity request by the Office. A debit note to this effect will be sent out by the Office. Treatment of the nullity request will be dependent on the advanced payment of this fee.
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 1 month. If after 1 month there is no indication of said purpose, the payment is deemed not to have been made and the Office can refund it provided that relevant bank account details have been received (art 5).
Otherwise, it will be considered as other revenues in favour of the Office.
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 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:
CREDIT AGRICOLE DE L’ANJOU ET DU MAINE
Code banque
17906 |
Code guichet
00032 |
Numéro de compte
15866548000 |
Clé RIB
44 |
IBAN International Bank Account Number
FR76 1790 6000 3215 8665 4800 044 |
BIC Bank Identification Code / SWIFT
AGRIFRPP879 |
