Article 1440. Preserving a Breeding Achievement

1. The holder of a patent shall maintain the plant variety or animal breed during the effective term of the patent for the breeding achievement so as to preserve the characters specified in the description of the plant variety or animal breed drawn up as of the date of inclusion of the breeding achievement in the State Register of Protected Breeding Achievements.

2. On a request of the federal executive governmental body charged with breeding achievements matters the patent holder shall dispatch on his/its own account seeds or breeding materials for check testing and allow a field inspection.

Article 1441. Deeming a Patent for a Breeding Achievement Invalid

1. A patent for a breeding achievement may be deemed invalid for its effective term if it is established that:
1) the patent has been issued on the basis of unconfirmed information on the uniformity and stability of the breeding achievement provided by the applicant;
2) as of the date of issuance of the patent the breeding achievement did not meet the novelty or distinctness criterion;
3) the person mentioned in the patent of the holder thereof did not have legal grounds for obtaining a patent.

2. The issuance of a patent for a breeding achievement may be challenged by any person who has learned about the irregularities described in Item 1 of the present article, by means of filing an application with the federal executive governmental body charged with breeding achievement matters.
The federal executive governmental body charged with breeding achievement matters shall send a copy of the said application to the patent holder, who may submit a substantiated objection within three months after the dispatch of such copy thereto.
The federal executive governmental body charged with breeding achievement matters shall take a decision on the said application within six months after the submission of the application, unless additional testing is required.

3. A patent for a breeding achievement that is deemed invalid shall be annulled as of the date of filing of the patent application. In this case, the licence contracts concluded before the taking of the decision on the invalidity of the patent shall remain effective to the extent to which they have been discharged by that date.

4. The deeming of a patent for a breeding achievement invalid shall mean the revocation of the decision of the federal executive governmental body charged with breeding achievement matters on the issuance of the patent (Article 1439) and the annulment of the relevant entry in the State Register of Protected Breeding Achievements.

Article 1442. The Early Termination of a Patent for a Breeding Achievement
A patent for a breeding achievement shall be terminated its before due date in the following cases:
1) the breeding achievement no longer complies with the uniformity and stability criteria;
2) on the request of the federal executive governmental body charged with breeding achievement matters the holder of the patent did not provide seeds or breeding materials, the documents and information required for verifying the preservation of the breeding achievement or did not allow a field inspection of the breeding achievement for such purposes within 12 months;
3) the patent holder has filed an early patent termination application with the federal executive governmental body charged with breeding achievement matters;
4) the patent holder did not pay when due a duty for the maintenance of the patent in effect.

 

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