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7 C.F.R. §§ 97.175–97.178

4 sections in range

§97.175. Fees and charges.

7 C.F.R. § 97.175

The following fees and charges apply to the services and actions specified in paragraphs (a) through (f) of this section:
(a)
Application—
(1)
Initial fee for filing, examination, and certificate issuance— $5,150
(2)
Submission of new application data prior to issuance of certificate— $432
(3)
Granting extensions for responding to data requests— $89
(4)
Refunds pursuant to § 97.178 may be issued for portions of the initial application fee as follows: examination—$3,864, and certificate issuance—$768.
(b)
Reconsideration of application— $589
(c)
Revival of an abandoned application— $518
(d)
Appeals—
(1)
Filing a petition for protest to Commissioner— $4,118
(2)
Appeal to Secretary (refundable if appeal overturns protest to Commissioner)— $4,942
(e)
Field inspections or other services requiring travel by a representative of the Plant Variety Protection Office, made at the request of the applicant, shall be reimbursable in full (including travel, per diem or subsistence, salary, and administrative costs), in accordance with standardized government travel regulations.
(f)
Any other service not covered in this section, including, but not limited to, reproduction of records, authentication, correction, or reissuance of a certificate, recordation or revision of assignment, and late fees will be charged for at rates prescribed by the Commissioner, but in no event shall they exceed $97 per employee hour. Charges will also be made for materials, space, and administrative costs.
Notes, amendments, and revision history

Amendments

[85 FR 432, Jan. 6, 2020]

Authority

Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 2321 et seq.

Source

Source: 58 FR 42435, Aug. 9, 1993, unless otherwise noted.

Amendments

[85 FR 432, Jan. 6, 2020]

§97.176. Fees payable in advance.

7 C.F.R. § 97.176

Fees and charges shall be paid at the time of making application or at the time of submitting a request for any action by the Office for which a fee or charge is payable and established in this part.
Notes, amendments, and revision history

Authority

Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 2321 et seq.

Source

Source: 58 FR 42435, Aug. 9, 1993, unless otherwise noted.

§97.177. Method of payment.

7 C.F.R. § 97.177

Payments can be submitted through the electronic Plant Variety Protection system or pay.gov. Checks or money orders shall be made payable to the Treasurer of the United States. Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount of the prescribed fee. Money sent by mail to the Office shall be sent at the sender's risk.
Notes, amendments, and revision history

Amendments

[85 FR 432, Jan. 6, 2020]

Authority

Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 2321 et seq.

Source

Source: 58 FR 42435, Aug. 9, 1993, unless otherwise noted.

Amendments

[85 FR 432, Jan. 6, 2020]

§97.178. Refunds.

7 C.F.R. § 97.178

Money paid by mistake or excess payments shall be refunded, but a mere change of plans after the payment of money, as when a party decides to withdraw an application or to withdraw an appeal, shall not entitle a party to a refund. However, the examination fee shall be refunded if an application is voluntarily withdrawn or abandoned pursuant to § 97.23(a) before the examination has begun. The certificate issuance fee shall be refunded if an application is voluntarily withdrawn or abandoned after an examination has been completed and before a certificate has been issued. Amounts of $1 or less shall not be refunded unless specifically demanded.
Notes, amendments, and revision history

Amendments

[85 FR 432, Jan. 6, 2020]

Authority

Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 2321 et seq.

Source

Source: 58 FR 42435, Aug. 9, 1993, unless otherwise noted.

Amendments

[85 FR 432, Jan. 6, 2020]