Order No. 106 of the Minister of Agriculture validating the Lists of genera and species of plants for which patentability and economic utility are assessed based on state testing or applicant data.
Country
Type of law
Regulation
Abstract
This Order establishes official lists of plant genera and species for which patentability and economic utility are evaluated either through state testing or on the basis of applicant-provided data. It also assigns implementation responsibilities to the Ministry of Agriculture and provides for publication and oversight of the regulation.
The first annex contains an extensive list of plant species whose patentability and economic utility must be assessed through state testing. These include major agricultural crops such as wheat, barley, maize, rice, sunflower, rapeseed, soybean, potatoes, vegetables, forage crops, fruit and berry crops, nut trees, grapes, and certain subtropical crops. The annex covers a broad range of economically important species and specifies both common and Latin names. A special provision applies to industrial hemp, for which field tests must be conducted on licensed sites in accordance with regulations governing narcotic and psychotropic substances.
The second annex lists plant genera and species for which patentability and economic utility may be evaluated using data supplied by the applicant rather than through state testing. These include certain legumes, oil crops, vegetables, technical crops, forage species, fruit and berry crops, ornamental flowers, forest trees, and tropical or subtropical plants. Examples include mung bean, sesame, tobacco, amaranth, sea buckthorn, quince, pomegranate, gladiolus, tulip, birch, paulownia, and banana. The regulation therefore creates a differentiated assessment framework, reserving state tests for key agricultural crops while allowing applicant-based evaluation for a wider range of less common or specialized plant varieties.
The first annex contains an extensive list of plant species whose patentability and economic utility must be assessed through state testing. These include major agricultural crops such as wheat, barley, maize, rice, sunflower, rapeseed, soybean, potatoes, vegetables, forage crops, fruit and berry crops, nut trees, grapes, and certain subtropical crops. The annex covers a broad range of economically important species and specifies both common and Latin names. A special provision applies to industrial hemp, for which field tests must be conducted on licensed sites in accordance with regulations governing narcotic and psychotropic substances.
The second annex lists plant genera and species for which patentability and economic utility may be evaluated using data supplied by the applicant rather than through state testing. These include certain legumes, oil crops, vegetables, technical crops, forage species, fruit and berry crops, ornamental flowers, forest trees, and tropical or subtropical plants. Examples include mung bean, sesame, tobacco, amaranth, sea buckthorn, quince, pomegranate, gladiolus, tulip, birch, paulownia, and banana. The regulation therefore creates a differentiated assessment framework, reserving state tests for key agricultural crops while allowing applicant-based evaluation for a wider range of less common or specialized plant varieties.
Attached files
Web site
Date of text
Entry into force notes
This Order enters into force 10 days after the date of its official publication.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Приказ Министра сельского хозяйства Республики Казахстан от 30 марта 2026 года № 106 Об утверждении перечней родов и видов растений, по которым патентоспособность и хозяйственная полезность оцениваются по данным государственного испытания или заявителя.
Implements