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Plant varieties and animal breeds

Creativity in selection leads to genesis of new biological species, which can possess high commercial and humanitarian value: innovations in agriculture have a positive effect on food security, quality of nutrition and safety of pharmaceuticals made of plants. New varieties of plants and animal breeds created as a result of selection can be protected by a patent issued by the State Commission of Russian Federation for Selection Achievements Test and Protection.

Attorneys

Holders of patents for plant varieties and animal breeds can benefit from granting licenses to farming enterprises for using agricultural innovations. The name of a patented variety or breed is also protected and cannot be used for another selection product. To be granted a patent in Russia, a selection achievement should comply with the criteria of novelty, distinctness, uniformity and stability. The validity period of patents for grapes, ornamental trees, fruit crops and forest species is longer – 35 years as opposed to 30 years for other breeds.

 

Examination procedure depends on the variety applied for protection. The Civil Code of the Russian Federation allows performing the examination based on the data furnished by the applicant in accordance with the national standards or on DUS (Distinctness, Uniformity and Stability​​​​​​​) testing results obtained by a specialized foreign authority. In most cases, the procedures of examination and patent grant do not require submitting plant or animal material.However, variations of procedure for different cases, the absence of facilities for electronic communication with the State Commission of Russian Federation for Selection Achievements Test and Protection and further peculiar requirements of the local regulations in this field hinder the procedure for an applicant. Patentica’s specialists have extensive experience of patenting a range of varieties and will be glad to assist you with the process.

 

In order to grow or propagate a culture in Russia, it is obligatory that it is registered with the National Registry of Allowed Varieties. The procedure of registration includes DUS examination and examination for serviceableness, including examination of the variety for its capacity to be cultivated in regions with different climate conditions. This examination can also be performed based on data provided by the applicant. Our specialists can provide you more details regarding these matters and share their experience to support you throughout the application filing and examination process.

Documents / Information we need

PCT application entering into National Phase:

  • PCT application number;
  • Names and addresses of applicant(s) and inventor(s) (unless the application is published);
  • Description, claims, abstract, and drawings (unless the application is published);
  • Power of Attorney executed by the applicant;
  • Amendments made after the international publication (if any);
  • Amendments to be made during the National Entry;

National applications:

  • Names and addresses of applicant(s) and inventor(s);
  • Certified copy of priority application(s) (when priority is claimed)
  • Power of Attorney executed by the applicant;
  • Description, claims, abstract, and drawings;

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