Procedure for registration

Examination of an application for grant of a patent for a plant variety shall include preliminary and patent examinations.

The National Center of Intellectual Property shall hold preliminary examination of an application upon receipt of the application for grant of a patent.

Preliminary examination of the application shall be held within three months from the application filing date. In case of acceptance of the application for consideration, the applicant will be notified of establishing the priority of the variety.

Upon completion of the preliminary examination and on condition of submission by the applicant of the document confirming payment of the respective patent fee, the National Center of Intellectual Property will forward materials to the State Inspectorate for Testing and Protection of Varieties of Plants for holding patent examination, which includes the check of novelty of the variety, assessment of the variety for compliance with the criteria of distinguishability, homogeneity, and stability.

The National Center of Intellectual Property, no later than three months from the date of completion of the preliminary examination, shall publish the data on the application.

Proceeding from the report materials and findings of the State Inspectorate, the National Center of Intellectual Property shall make a decision to grant a patent or refuse to grant a patent.

Within six months upon decision-making on grant of a patent and on condition of payment by the applicant of the patent fee for registration in the Register of Protected Varieties and grant of a patent together with the breeder’s certificate, the National Center of Intellectual Property shall publish the data on the patent in its official bulletin and, simultaneously with publication of data on the patent in its official bulletin, enter the data on the variety into the Register of Protected Varieties and, within five days from the date of publication, shall grant the patent to the person, in whose name it has been claimed.

Upon the patent receipt, the patent proprietor, upon request of the State Inspectorate for Testing and Protection of Varieties of Plants, shall forward necessary quantity of the variety material for storage.