Changed on 03/11/2021 - 12:22
The right to a selection achievement in accordance with the Law of the Republic of Kazakhstan "On the Protection of Selection Achievements" dated July 13, 1999 No. 422-1 is confirmed by a patent.
A patent is issued for a selection achievement that has novelty, distinctness, uniformity and stability.
The scope of legal protection provided by a patent for a selection achievement is determined by the totality of characteristics included in the description of the variety, breed.
A patent for a selection achievement is issued based on the results of preliminary examination and examination for patentability.
The preliminary examination is carried out by the expert organization Republican State Enterprise "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter - NIIP).
The verification of the correctness of the proposed name of the selection achievement, examination and testing of selection achievements for patentability and economic usefulness as a type of activity in the field of protection of selection achievements are carried out by the authorized body in the field of development of the agro-industrial complex - the Ministry of Agriculture of the Republic of Kazakhstan, which maintains State registers of relevant selection achievements recommended for use in production.
The patent certifies the exclusive right of the patent holder to use the selection achievement, its priority and authorship of the breeder.
The validity period of a patent for plant varieties is 25 years, for animal breeds - 30 years, for grape varieties, tree ornamental, fruit and forest crops, including their rootstocks, is 35 years from the date of filing an application with an expert organization.
The term of a patent may be extended at the request of the patent owner, taking into account the payment made for each year of the extension, but for no more than ten years.