Article 10. Examination and testing of a breeding achievement for the patentability of the Law on the Protection of Breeding Achievements

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The footnote. Title of Article 10 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication).

1. Any interested person may, within six months from the date of publication of information on the application, submit a claim to the state commission in respect of the claimed selection achievement.

The State commission notifies the applicant of the receipt of a substantiated claim stating the substance of the claim. In case of disagreement with the claim, the applicant has the right to send a reasoned objection to the state commission within three months from the date of receipt of the notification.

The expert organization, based on the conclusion of the state commission, makes a decision and informs the interested person about it.

If a variety or breed does not meet the criterion of novelty, a decision is made to refuse to grant a patent.

2. Tests of the variety and breed for distinctness, uniformity and stability are carried out by state commissions according to accepted methods within the established time frame.

State commissions shall notify the expert organization of the specific dates for conducting patentability tests within one month from the date of sending the application materials by the expert organization.

The applicant must submit the required amount of seeds or breeding material for testing.

3. State commissions have the right to use the results of tests conducted by other organizations of the Republic of Kazakhstan, as well as other states with which relevant agreements have been concluded, and the data provided by the applicant.

4. If the variety or breed meets the conditions of patentability, the state commission draws up an opinion describing the variety or breed.

Based on the conclusion of the state commission, the expert organization makes a decision on the grant of a patent for a selection achievement within five working days, and a written notification is sent to the applicant within five working days.

Within three months from the date of sending the notification of the decision to grant the patent to the applicant, the applicant submits to the expert organization a document confirming the corresponding payment for the preparation for the grant of the patent and publication. If the specified document is not submitted, the payment period may be restored within three months, provided that a document confirming payment for the restoration of the missed deadline is submitted. Otherwise, the application is considered withdrawn, the office work on the application is terminated, and the applicant is notified within ten working days from the date of expiry of the restoration period.

5. If, during the examination and testing, it is established that the variety or breed does not meet the requirements of patentability, the expert organization, based on the conclusion of the state commission, decides within five working days to refuse to grant a patent, and a written notification is sent to the applicant within five working days.

The applicant may file an objection to the decision to refuse to grant a patent with the authorized body within three months from the date of its receipt. The objection must be considered by the Appeal Board within three months from the date of its receipt.

6. The applicant can get acquainted with all the materials opposed by the examination. The expert organization sends copies of the materials requested by the applicant to him within one month from the date of receipt of the request.

The Law of the Republic of Kazakhstan dated July 13, 1999 No. 422-I.

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Republic of Kazakhstan

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