Article 8. Preliminary examination Chapter 3. Examination of an application for a patent for a breeding achievement of the Law on the Protection of Breeding Achievements

Home / RLA / Article 8. Preliminary examination Chapter 3. Examination of an application for a patent for a breeding achievement of the Law on the Protection of Breeding Achievements

1. Within one month from the date of submission of the application, subject to payment for the submission of the application, the expert organization conducts a preliminary examination on it. During the preliminary examination, the priority date of the application is set, the availability of the necessary documents and their compliance with the requirements established for them are checked.

The applicant has the right to make corrections and clarifications to the application documents without changing the essence of the selection achievement before making an appropriate decision on this application.

If these changes are made within two months from the date of receipt of the application, no payment will be charged.

Changes concerning the applicant's indication when assigning the right to receive a security document or changing the name of a legal entity or the surname, first name, patronymic (if it is indicated in the identity document) of an individual applicant, as well as correcting technical errors in the application documents, may be made before the date when information about the registered selection achievement is entered into the State Register. the register of breeding achievements, subject to appropriate payment.

The expert organization may request missing documents or corrected materials, which the applicant must submit within three months from the date of sending the request.

If the applicant fails to submit missing documents or corrected materials within the prescribed period, the office work on the application is terminated.

The application may be withdrawn by the applicant before the registration of the breeding achievement in the State Register of Breeding Achievements.

2. Additional materials submitted to the application for a variety or breed and containing features that were not specified in the primary application materials and that change the essence of the claimed variety or breed shall not be taken into account when considering the application.

3. If the preliminary examination results positively, the expert organization decides on further consideration of the application, which the applicant is notified about within five working days from the date of the decision. At the same time, copies of the application and the selection achievement questionnaire are sent to the state commission.

4. If the preliminary examination determines that the application does not meet the established requirements, a decision is taken to refuse further consideration, and the applicant is notified within five working days.

5. The applicant may file an objection to the decision to refuse further consideration of the application with the authorized body within two months from the date of receipt of the decision. The objection must be considered by the Appeal Board within two months from the date of its receipt.

6. Information on applications for which a positive decision has been made as a result of the preliminary examination is published in the bulletin within five working days from the date of the decision.

7. The author of the variety or breed has the right to refuse to publish his name in the application materials.

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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