Article 5. Application for the grant of a patent for a breeding achievement of the Law on the Protection of Breeding Achievements

Home / RLA / Article 5. Application for the grant of a patent for a breeding achievement of the Law on the Protection of Breeding Achievements

1. An application for the grant of a patent is submitted to an expert organization.

The right to file a patent application belongs to the author or his legal successor.

In the event that a selection achievement is created, identified or derived in the performance of an official task or official duties, the right to file a patent application belongs to the employer, unless otherwise provided by the agreement between the author and the employer.

An application may be submitted by several applicants if they jointly created, identified or derived a selection achievement or are the legal successors of the authors.

An application may be filed through a representative who, by virtue of authority based on a power of attorney, conducts business related to obtaining a patent.

1-1. Employees of the state commissions for variety testing of agricultural crops during the entire period of work in the commission do not have the right to apply for a patent of the Republic of Kazakhstan for a selection achievement, except in cases of breeding work on the creation, identification and breeding of a selection achievement carried out prior to the exercise of labor functions in the state commission.

2. Individuals residing outside the Republic of Kazakhstan or foreign legal entities conduct business on obtaining patents and maintaining them in force, file objections with the Board of Appeal and participate in their consideration through patent attorneys registered with the authorized body.

Individuals permanently residing in the Republic of Kazakhstan, but temporarily staying outside of it, can conduct business related to patents without a patent attorney if they specify an address for correspondence within the Republic of Kazakhstan.

The powers of a patent attorney are certified by a power of attorney issued to him by the applicant or the patent holder.

3. An application for the grant of a patent for a breeding achievement is drawn up for each plant variety, animal breed and must contain:

1) application for a patent;

2) the selection achievement questionnaire;

3) power of attorney in case of record keeping through a representative.

An application for a patent for a selection achievement shall be accompanied by a document confirming payment for filing the application in the prescribed amount and a document confirming the grounds for reducing its size, which may be submitted together with the application or within two months from the date of receipt of the application.

If the payment documents are not submitted within the prescribed period, the application is considered unsubstantiated.

4. The patent application shall be submitted in Kazakh or Russian.

5. The requirements for the application documents and the procedure for their consideration are determined by the authorized body. Other documents and materials necessary for the examination of the declared variety or breed are provided upon request of the state commission.

The procedure for reviewing an application for examination and testing for patentability is determined by the authorized body in the field of development of the agro-industrial complex.

6. The application and information on the course of its consideration are not provided to third parties, except in cases stipulated by the laws of the Republic of Kazakhstan.

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

President

Republic of Kazakhstan

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