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Plant Breeder's Rights fees

This page sets out the fees associated with applications, examination, certificates and annual fees.

These fees are subject to change. GST does not apply to these statutory fees under Division 81 of the GST Act 1999.

Note: A full list of fees are available in the Fee Schedule of the Plant Breeder's Rights Regulations 1994.

Approved Means

Our fees include incentives for customers to use an approved means for specific transactions. Customers that file in this way will benefit through a lower fee.

New Application

The Application Fee must accompany the Part 1 application at the time of lodgement. It covers an initial 'examination for acceptance', the issue of a letter of acceptance, and twelve months of provisional protection.

From 1 December 2012 the approved means for filing a new application is using eServices or by Business to Business (B2B).

Item/ActionFee
 Using eServicesBy other means*
PBR Application$345 $445

*When filing a new application by another means from 1 December 2012 (for example by mail) the lower fee will not apply.

Examination

Applicants have twelve months from the date of acceptance to pay the Examination Fee (the time limit to pay examination fees on imported varieties can be deferred for a maximum of 12 months after the variety has been released from quarantine; contact the PBR Office for further details).

The examination fee pays for the assessment of the description, the publication of a description and photograph of the new variety in Plant Varieties Journal, the field examination, if any, and any other enquiries necessary to establish eligibility for Plant Breeders Rights.

Examination of the application, including field examination and publication of the description and photograph, will not commence until the examination fee has been received.

After the description has been published, successful applicants will be asked to pay the Certificate fee. This covers the final examination of all details, the production of certificate and copy of the variety description in the PBR register. Those applicants are granted Plant Breeders Rights and receive a Certificate.

Item/ActionFee
Examination - Single Application $1610
Examination - Application based on overseas test data $1610
Examination - multiple application rate applicable only to 2 or more varieties of the same species tested at the same site in Australia and when applications and descriptions are lodged simultaneously by the same applicant and QP and examined simultaneously $1380
Examination - at an authorised Centralised Testing Centre when 5 or more candidate varieties of the same genus are tested simultaneously $920
Certificate - (application received after 1 January 1995 under PBR)$345

Annual Fee

When renewing a PBR by another means from 1 July 2012 (for example by mail) the lower fee will not apply.

From 1 July 2012 the approved means for renewing a PBR is using eServices or by Business to Business (B2B).

GST does not apply to these statutory fees under Division 81 of the GST Act 1999.

An Annual fee is payable each year on the anniversary of the granting of the right. The annual fee must be paid to maintain the grant. Please note that these fees are subject to change.

Item/ActionFee
 Approved MeansBy Another Means
Renewal/Annual $345$395

Qualified Person

Item/ActionFee
Application for Accreditation as a Qualified Person $50
Annual renewal of Qualified Person Accreditation $50

Last Updated: 03/4/2014

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Supervisor Patent Administration Officer since 2006
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