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Conditions of patentability of a plant variety

Varieties of plants 2A variety shall be granted legal protection, if it possesses novelty, distinguishability, homogeneity, and stability.

Novelty

A variety shall be considered new, if, as of the date of filing of an application for grant of a patent for a plant variety, the planting or fruit material of such variety has not been on sale or transferred otherwise by the author of the variety or its/his/her successor in title or upon their consent by other persons for use in the territory of the Republic of Belarus earlier than one year prior to the date of filing of the application, and in the territory of any other state - earlier than four years prior to the date of filing of the application.

Distinguishability

A variety of a plant shall be considered as distinguishable if it differs expressly from any other variety, which existence is generally known by the moment of filing of the application.

Homogeneity

A variety of a plant shall be considered homogeneous if, with regard to peculiarities of its propagation, the plants of such variety are homogeneous enough in their signs.

Stability

A variety of a plant shall be considered stable if its main signs remain unchanged upon multiple propagations or at the end of each propagation cycle (in case of a special propagation cycle).

 

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