New Plant Varieties and Animal Breeds

– Law on Selection Achievements, in force since August 29, 2002.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, in force since November 14, 2004.

Filing

Applicant: individuals or legal entities. 

Foreigners: enjoy the same rights as nationals; must appoint an Uzbek agent. 

Kinds of protection: new plant varieties and animal breeds which belong to botanical and zoological genus and species protected in Uzbekistan.

Priority: within twelve months, if there is a special agreement between country of the first filing and Uzbekistan.

Territory covered: the Republic of Uzbekistan.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization): date, place, applicant’s name and address, signatory’s position are required;
2. Description of new plant variety or animal breed (technical questionnaire);
3. Photos of new plant variety or animal breed;
4. Documents about testing of new plant variety or animal breed conducted by applicant;
5. Declaration confirming that new plant variety or animal breed has not been used, sold, passed and meets novelty requirements;
6. Priority document, if any;
7. Obligation to submit in the special organization, in due time, materials for testing of new plant variety or animal breed;
8. Payment of the official filing fee (must be paid before filing, prepayment without time limitation, and receipt submitted).

Examination Procedure

Examination: a formal examination and a substantive examination.

The formal examination is carried out within two months after the filing date and comprises checking the formal requirements.

The substantive examination is carried out by special organizations after the completion of the formal examination. The substantive examination comprises examination on novelty and testing on differentia, homogeny and stability. As a result of the substantive examination, the special organizations will issue either a granting, or a refusal decision. The Patent Office will notify the applicant of the examination results.

Amendments and corrections: voluntary amendments or formal corrections may be filed within two months from the filing date. Amendments are also accepted during the entire examination period. 

Appeal: possible against a negative decision of the Patent Office Examining Department, before the Appeal Board, within a three-month term of the decision date. If still negative, appeal to the court can be lodged, within six months from the date of Appeal Board decision.

Granting

Granting decision: issued after the substantive examination, if the patentability (differentia, homogeny and stability) and novelty requirements are met. 

Publication: in the Patent Office Gazette, upon payment of a fee. 

Duration: twenty years from the registration date; twenty-five years for grapes, trees, fruit plants, ornamental plants, forest trees and their parent stocks.

Extension: not longer than ten years, at the owner’s request.

Annuities: the first year of protection is paid with the granting fees. Subsequent periods counted from the registration date are paid annually within the last three months prior to expiration date.

Annuity grace period: six months.

Modification of Protection after Granting

Opposition: may be presented by any physical or legal person within six months of publication in the Patent Office Gazette.

Compulsory license: if the patent holder does not use a selection achievement in the Republic of Uzbekistan within three years from the date of issue of the patent and refuses to conclude a license agreement and if the non-use of this selection achievement affects public interests, a person wishing to use this selection achievement may apply to the court for a compulsory license.

Invalidation: possible, based on unlawful grant of a patent during the whole life of the patent.

License: must be registered, but may be recorded only after issuance of a granting decision or a patent.

Assignments: must be registered with the Patent Office.

Infringement: penal provisions provided.