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. Generally, to be granted a patent, 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 can reach up to 35 years.
Examination procedure depends on the variety applied for protection in a particular jurisdiction. For example, 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 and further peculiar requirements of the local regulations in this field may 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.
There are additional local requirements to consider. For instance, 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 in the country of the applicant’s interest.