Plant varieties and animal breeds are unique IP subject matters that can be protected in the Russian Federation as selection achievements.
Within the territory of the Russian Federation, the exclusive right shall be recognized to a selection achievement certified by a patent granted by the federal executive authority for selection achievements or by a patent valid within the territory of the Russian Federation by virtue of the international treaties of the Russian Federation.
The objects of intellectual rights to selection achievements shall be plant varieties and animal breeds registered in the State Commission of the Russian Federation for Selection Achievements Test and Protection. These are biological objects that were produced as a result of selection and the features of which distinguish them from other objects.
Plant varieties and animal breeds should comply with certain requirements. Criteria of protection of a selection achievement shall be novelty, distinctness, uniformity and stability.
Novelty
Plant varieties or animal breeds shall be deemed new if on the date of patent application filing the seeds or breeding material of the said selection achievement have not been sold and transferred by the breeder, his legal successors or with their consent to other persons (within the territory of the Russian Federation - earlier than one year before the filing date, within the territory of another State - earlier than four years; if it concerns varieties of grape, decorative tree or fruit tree cultures or forest tree breeds - earlier than six years before the filing date).
Distinctness
A selection achievement shall be clearly distinct from any other one well-known at the time of filing a patent application. The selection achievement is well-known if it is precisely described in publications or included in official bulletins. Patent application filing also provides that a selection achievement is considered as well-known subject to patent grant.
Uniformity
Plants of the same variety or animals of the same breed shall be sufficiently uniform in their features considering individual deviations that may take place due to some peculiarities of their reproduction.
Stability
Selection achievement shall be deemed stable if its basic features remain stable after repeated reproduction.
Sometimes DUS results can be used and expedite patent granting which would help the client to avoid the import of the plant material for conducting tests in a specific country saving his time and costs.
The exclusive right to a selection achievement shall be recognized and protected under the condition of official registration of the selection achievement in the State Register of Protected Selection Achievements pursuant to which the federal executive authority shall grant a patent to the applicant. The term of patent validity for a selection achievement is usually 30 years, for some varieties, it can be 35 years.
Our team has diverse experience in the matters of selection achievements and we are able to advise and assist on the issues of obtaining patents and admittance for usage both in Russia and abroad, namely, in such CIS countries as Azerbaijan, Belarus, Moldova, Uzbekistan, Ukraine and others.