Article 1437. The Expert Examination of a Breeding Achievement for the Novelty Thereof

1. Within six months after the publication of information about a patent application any person concerned may send a petition to the federal executive governmental body charged with breeding achievements matters for an expert examination of the breeding achievement declared to assess the novelty thereof.
The applicant shall be notified of the receipt of the petition by the federal executive governmental body charged with breeding achievements matters, with the essence of the petition being provided. Within three months after the receipt of the notice the applicant is entitled to send a substantiated objection against the petition to the federal executive governmental body charged with breeding achievements matters.

2. On the materials it has on hand the federal executive governmental body charged with breeding achievements matters shall take its decision and inform the person concerned about it. If the breeding achievement does not qualify under the novelty criterion, a decision shall be taken to refuse to issue a patent for the breeding achievement.

Article 1438. Testing a Breeding Achievement for Distinctness, Uniformity and Stability

1. A breeding achievement shall be tested for distinctness, uniformity and stability by the methods and within the term established by the federal executive governmental body charged with normative legal regulation in the area of agriculture.
For testing the applicant shall provide the necessary quantity of seeds or breeding material to the address and within the term specified by the federal executive governmental body charged with breeding achievements matters.

2. For the purposes set out in Item 1 of the present article the federal executive governmental body charged with breeding achievements matters is entitled to use the results of tests carried out by competent bodies of other states with which relevant contracts have been concluded, the results of tests carried out by other Russian organisations under a contract with the said federal body, and also the information provided by the applicant.

Article 1439. The Procedure for State Registration of a Breeding Achievement, and the Issuance of a Patent

1. If a breeding achievement meets the protectability criteria (Item 2 of Article 1413) and the name of the breeding achievement meets the requirements set out in Article 1419 of the present Code the federal executive governmental body charged with breeding achievement matters shall take a decision on the issuance of a patent for the breeding achievement, and it shall also draw up a description of the breeding achievement and enter the breeding achievement in the State Register of Protected Breeding Achievements.

2. The following details shall be entered in the State Register of Protected Breeding Achievements:
1) the gene and species of the plant or animal;
2) the name of the plant variety or animal breed;
3) the date of state registration of the breeding achievement and registration number;
4) the name of the patent holder and his place of residence or its whereabouts;
5) the name of the author of the breeding achievement and his place of residence;
6) a description of the breeding achievement;
7) the fact of the patent for the breeding achievement being assigned to another person with an indication of the name thereof, place of residence or whereabouts;
8) information on the licence contracts concluded;
9) the date of expiry of the patent for the breeding achievement with an indication of reason.

3. The patent for the breeding achievement shall be issued to the applicant. If in the patent application several applicants were mentioned, the patent shall be issued to the applicant that stands first in the application, and it shall be used by the applicants jointly by agreement among them.

Our adress: IPPro ltd. 17 Lobachika str.,

Office 610, P.O. box 27, Moscow, Russia, 107113

Phone/Fax: +7(495) 232-39-68 +7(495) 234-08-44

Official site IPPRO.ru

E-mail: ip@ipprolaw.com, Skype ipprolaw