Appendix 1

to the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of April 23, 2010 No. 136

Rules of giving and consideration of the request for patent grant on selection achievement

1. General provisions

1. These rules are developed according to the Law of the Republic of Kazakhstan "About protection of selection achievements" (further - the Law) and determine requirements and procedure for creation, giving and consideration of the request for patent grant for selection achievement (further - Rules).

2. In these rules the following concepts and terms are used:

1) the author of selection achievement (selector) (further - the author) - the physical person which created revealed or removed grade, breed;

2) selection achievement - the new grade of plant, new breed of animal which are result of creative activities of the person on which the patent is granted;

3) State commissions - State commission on sortoispytaniye of crops and State commission on testing and approbation of breeds of authorized body in the field of development of agro-industrial complex;

4) the request - the request for patent grant for selection achievement;

5) the conventional request - the application submitted according to the International convention on protection of selection achievements of December 2, 1961;

6) the applicant - physical person or legal entity which submitted the application for patent grant for selection achievement;

7) the patentee - the physical person or legal entity having rights to selection achievement;

8) originator - physical person or legal entity which provides preserving grade (breed);

9) State register of selection achievements - The state register of the Republic of Kazakhstan of the protected plant varieties and the State register of the Republic of Kazakhstan of the protected breeds of animals which include grades, breeds on which patents are granted;

10) authorized body - Ministry of Justice of the Republic of Kazakhstan;

11) the Expert organization - the organization subordinated to authorized body performing activities in the spheres referred to the state monopoly (rendering services in the field of protection of selection achievements).

2. Creation and application

3. The application for patent grant for selection achievement according to Item 1 of article 5 of the Law is submitted by the author of selection achievement or its legal successor.

If selection achievement is created, revealed or removed in case of accomplishment of office task or service duties, the application for patent grant for selection achievement is submitted by the employer if the contract between the author and the employer does not provide other.

4. The application is submitted to the expert organization directly, goes by mail or in the form of the electronic document certified by the digital signature.

5. According to Item 2 of article 5 of the Law the physical persons living outside the Republic of Kazakhstan or foreign legal entities run business on receipt of patents and their maintenance in force, give objections to appeal council and take part in their consideration, only through the patent agents of the Republic of Kazakhstan registered in authorized body if other procedure is not established by the international treaty with the Republic of Kazakhstan.

The physical persons who are constantly living in the Republic of Kazakhstan, but temporarily being beyond its limits run the business connected with clerical work according to the request and receipt of the patent without patent agent when specifying the address for correspondence within the Republic of Kazakhstan.

According to Item 3 of article 5 of the Law the request for patent grant is drawn up on one selection achievement and contains:

1) in the expert organization:

the petition of the Republic of Kazakhstan on selection achievement (further – the statement) in form, according to appendix 1 to these rules;

questionnaire of selection achievement;

the power of attorney, in case of record keeping through the representative.

The document confirming application payment, and the document confirming the bases for reduction of its size (participants of the Great Patriotic War, disabled people, pupils of comprehensive schools and colleges, students of higher educational institutions, retirement pensioners and length of service).

2) on the portal:

electronic copy of the application;

electronic copy of the questionnaire of selection achievement;

the electronic copy of the power of attorney, in case of record keeping through the representative;

the electronic copy of the document confirming application payment and the electronic copy of the document confirming the bases for reduction of its size (participants of the Great Patriotic War, disabled people, pupils of comprehensive schools and colleges, students of higher educational institutions, retirement pensioners and length of service).

The documents confirming payment of application and documents the confirmatory bases for reduction of its size are provided together with the request or within two months from receipt date of the request. On condition of the corresponding payment this term is prolonged, but no more than for two months.

To contain data on classification of grade, breed for identification of selection achievement in the questionnaire of selection achievement.

6.  No. 389 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 13.03.2018

7. The statement and other documents of the request are submitted in the Kazakh or Russian languages. Botanical determinations are written down roman type printing letters.

8. The petition is submitted in four copies, and the questionnaire of selection achievement - in triplicate.

Other documents are submitted in one copy.

9.  No. 389 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 13.03.2018

3. Procedure for filling of the petition

10. The application form is filled in with observance of the following procedure:

1) in case of impossibility of placement of data completely in the corresponding graphs, them are provided in the same form on additional leaf with indication of in the corresponding column of the statement: "see Appendix to the statement" (in the corresponding cage of the column "The List of the Enclosed Documents" the sign "x" is put down);

2) columns of the statement "Receipt date", "Priority", the column under code 21, located in its upper part, are intended for filling with the expert organization after receipt of the request and are not filled in with the applicant;

"3) the information about the applicant (applicants) for whom, (which) the patent is asked is provided in the column containing patent request for extradition after the words "addressed to the applicant(s)": the surname, name and middle name (in case of its availability) (further – full name) physical person, and surname is specified before name, or the full official name of the legal entity according to the document on state registration, and also data about them respectively the residence, the location, including the official name of the country and the complete postal address. Foreign names and names of legal entities are specified as well in transliteration on Kazakh or Russian. Place of residence of the applicants who are authors of selection achievement is given in the second column of the column under code 72.

For the legal entities or physical persons which are or living outside the Republic of Kazakhstan addressed to which the patent is asked the country code according to the standard 3 of World Intellectual Property Organization is specified (further – VOIS).

If it is several applicants, the specified data are provided for each of them;

4) columns under codes 31, 32 and 33, containing request for establishment of priority, are filled in when the priority earlier, than date of application in the expert organization according to article 7 of the Law is asked. Prostanovka of the sign "x" in the corresponding cages is marked out date for purchase of priority and are specified requisition number based on which the priority, date of the asked priority (date of application), the country of application, stage of consideration of the request is asked and under what name selection achievement is registered.

The stage of consideration of the request is specified code:

And - the request is under consideration;

In - the request is rejected;

With - the request is withdrawn;

D - the request is satisfied, the patent is granted.

The applicant declares that the material transferred with the first request, represents this grade (breed) and corresponds to this request;

5) in the column "Sort, Type" the complete name of sort and type, for exact identification of grade, breed on taxonomical accessory and on production use is specified.

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