At Cultivera® we believe that good advice starts with personal contact. No complicated legal jargon, no endless meetings, and no unnecessary detours. We value clear communication, direct lines, and practical advice that you can immediately put into action.
We are committed, we think alongside your business, and we are not afraid to provide honest advice. Sometimes that means confirming that you are on the right track. Sometimes it means being straightforward and explaining that a different approach would be more effective. Our goal is not to write as many hours as possible, but to help you in the best, fastest, and most cost-effective way possible.
Personal and accessible
Every business is different. Every breeder is different. That is why we do not believe in standard solutions. We take the time to understand your situation and work together to find the most suitable protection strategy for your innovations.
You will have one dedicated point of contact who knows your file and with whom you can communicate directly.
You have decided to file an application. What happens next?
When you decide to apply for plant breeders’ rights, we guide you throughout the entire process, which takes at least two years. From the initial assessment of the variety to the final granting of the plant breeders’ right.
Step 1: Introduction and assessment
We discuss the variety, the history of the material, your commercial plans, and the countries where protection is required. Based on this information, we advise which protection strategy best fits your situation and make a plan together.
Step 2: Preparing the application
Cultivera® then collects® necessary information for the application. We check, among other things, whether all details are complete and whether there are any potential issues that could cause problems during the examination process.
Good preparation can save significant time, costs, and delays.
Step 3: Filing the application
After filing, you will receive an official application number and the formal procedure begins.
Na indiening ontvangt u een officieel aanvraagnummer en start de formele procedure.
Step 4: The DUS examination
The variety is then examined for Distinctness, Uniformity, and Stability (the so-called DUS examination).
Depending on the crop, this examination takes one or more growing seasons. During this period, we monitor the progress and assist with any questions from the examination authority.
Step 5: Granting of plant breeders’ rights
Once the examination has been successfully completed and all requirements have been met, the plant breeders’ right is granted.
From that moment onwards, you hold an official intellectual property right that allows you to protect and commercially exploit your plant variety.
What happens afterwards?
Even after the right has been granted, we can support you with:
• Licence agreements
• Transfers of rights
• International expansion of protection
• Enforcement in case of possible infringements
• Portfolio management of multiple varieties
This way, you have one dedicated point of contact throughout the entire process who understands your business and your varieties.
What does a plant breeders’ rights application cost?
We receive this question regularly. The honest answer is: it depends on several factors.
The costs of a plant breeders’ rights application vary depending on the crop, the country, and the chosen protection strategy. In addition, examination costs, which make up the largest part of the total costs, can vary significantly depending on the variety and the requirements of the authority conducting the examination.
That is why we cannot provide standard total costs without knowing the details of your situation. Once we know the crop and the desired protection area, we can provide a detailed cost estimate. On average, costs range between €4,500 and €7,500. But what do you actually get in return?
A granted plant breeders’ right provides you with exclusive rights to your plant variety for many years. This means that others may not simply propagate, produce, sell, export, import, or commercially exploit your variety without your permission.
In practice, this means you remain in control of who may use your variety and under what conditions. You can grant licences, receive royalties, and take action against parties that use your variety without permission. For many breeders, a successful variety represents years of investment, research, and development. Plant breeders’ rights ensure that this investment is legally protected and allow you to benefit from the commercial success of your innovation.
In short: plant breeders’ rights are not merely a cost, but an investment in the protection and future value of your plant variety. Without protection, you risk that years of research, selection, and development are insufficiently protected. Even more importantly, if someone else develops a similar or even identical variety and applies for protection first, this can have major consequences for your commercial position.
Within plant breeders’ rights, the principle often applies: the first to secure their rights is in the strongest position. A relatively limited investment in protection can therefore make the difference between benefiting from your innovation for years or watching others take advantage of it. If your neighbour happens to have developed exactly the same variety and applies first, your entire investment may be at risk. In this field, being first truly matters.
What is the CPVO?
The Community Plant Variety Office (CPVO) is the European authority responsible for granting European Union plant breeders’ rights. A European plant breeders’ right provides protection in all European Union member states through a single application.
What is an examination round?
For most crops, the official DUS examination consists of two growing seasons. During this examination, the variety is assessed to determine whether it is distinct, uniform, and stable. The examination costs are charged by the authority for each round.
If, during the examination, additional information is required, a variety is found to be insufficiently uniform, or other specific issues arise, an additional examination round may be necessary. In that case, examination costs will be charged again.
That is exactly why involving a specialist before filing an application is essential. Proper preparation of the application and a critical assessment of the variety beforehand can help prevent delays, additional questions, and unnecessary extra examination costs wherever possible.
Please note: examination costs vary by crop
Examination costs differ significantly between crop groups and are determined by the official examination authority. The example above is based on the crop category “Ornamental non-living greenhouse”.
For other crops, examination costs may be higher or lower.
Would you like to view the current fees? More information can be found on the CPVO website. Click here for CPVO.