Article 4. Conditions of patentability of a selection achievement Chapter 2. Patentability of a breeding achievement of the Law On the Protection of Breeding Achievements

Home / RLA / Article 4. Conditions of patentability of a selection achievement Chapter 2. Patentability of a breeding achievement of the Law On the Protection of Breeding Achievements

1. A patent is issued for a breeding achievement that has novelty, distinctiveness, uniformity and stability.

2. A variety or breed is considered new if, as of the date of filing the application, seeds or other planting material or breeding material of this breeding achievement have not been sold or transferred to other persons by the author or his legal successor for the use of the variety or breed on the territory.:

1) of the Republic of Kazakhstan - earlier than one year before the date of filing the application;

2) of any other State - earlier than four years in advance for annual crops and earlier than six years in advance for perennial crops, breeds before the date of filing the application.

A breed that, as of the date of inclusion of the corresponding genera and species in the state registers of breeding achievements, is registered in the State Register of Breeding Achievements Recommended for Use, may be recognized as patentable without presenting novelty requirements to the breed.

The term of validity of the patent specified in Article 3 of this Law for such breeding achievements shall be reduced for the period from the year of admission to use to the year of grant of the patent. Temporary legal protection provided for in Article 9 of this Law does not apply to such breeding achievements.

3. A variety or breed meets the criteria of distinctness if they are clearly different from any other variety or breed whose existence is generally known at the time of filing the application. Filing an application for a patent or the inclusion of a variety or breed in the official registers of new varieties or breeds in any country makes the variety or breed generally known from the date of filing the application, provided that as a result of filing this application, a patent was granted or the variety or breed was included in the specified registers.

The well-known varieties and breeds can also be established by the fact of cultivation, use and publication. The signs that make it possible to identify the descriptive and distinctive features of a variety or breed must be recoverable and accurately described.

4. A variety or breed is considered homogeneous if, taking into account the peculiarities of their reproduction, plants of this variety or breed are homogeneous in the selected characteristics.

5. A variety or breed meets the criterion of stability if their basic characteristics remain unchanged after each breeding, and in the case of a special breeding cycle, at the end of each breeding cycle.

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

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases