§ 5. Obtaining a Patent for a Breeding Achievement.
Terminating a Patent for a Breeding Achievement

Article 1433. The Patent Application for a Breeding Achievement

1. A patent application for a breeding achievement (patent application) shall be filed with the federal executive governmental body charged with breeding achievements matters by a person having a right to obtain a patent in accordance with the present Code (applicant).

2. The patent application shall comprise the following:
1) a patent application including an indication of the author of the breeding achievement and the person for whose name the patent is sought, and also the place of residence or whereabouts of each of them;
2) a breeding achievement questionnaire;
3) a document confirming that a duty has been paid in the established amount or the grounds for relief from duty or a duty rebate or duty payment deferment.

3. The requirements applicable to a patent application shall be established on the basis of the present Code by the federal executive governmental body charged with normative legal regulation in the area of agriculture.

4. The patent application shall cover one breeding achievement.

5. The documents specified in Item 2 of the present article shall be filed in the Russian or in another language. If the documents are filed in another language their Russian translations shall be attached to the patent application.

Article 1434. The Priority of a Breeding Achievement

1. The priority of a breeding achievement is established by the date on which the federal executive governmental body charged with breeding achievement matters received the patent application.

2. If on one and the same day the federal executive governmental body charged with breeding achievements matters receives two or more patent applications for one and the same breeding achievement the priority shall be established by the earlier application dispatching date. If according to an expert examination these applications have one and the same dispatch date a patent may be issued on the application having an earlier registration number assigned by the federal executive governmental body charged with breeding achievement matters, unless otherwise envisaged by agreement between the applicants.

3. If a patent application received by the federal executive governmental body charged with breeding achievement matters was preceded by an application filed by an applicant in a foreign state with which the Russian Federation has concluded an agreement on the protection of breeding achievements the applicant shall use the priority of the first application for 12 months after the filing thereof.

In the application sent to the federal executive governmental body charged with breeding achievement matters the applicant shall indicate the priority date of the first application. Within six months after the receipt of the application by the federal executive governmental body charged with breeding achievements matters the applicant shall file a copy of the first application attested by a competent body of the relevant foreign state, and its Russian translation as well. While meeting these requirements the applicant need not file additional documents and materials for testing within three years after the filing of the first application.

 

 

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