Article 1441: Confinement of a patent on a breeding achievement as invalid

1. A patent for a breeding achievement may be invalidated within its period of validity if it is established that: (1) the patent is issued on the basis of unconfirmed uniformity data (2) at the date of issue of the patent, the breeding achievement did not meet the criterion of novelty or distinction; (3) the person referred to in paragraph 3 The patent holder, as patent holder, had no legal basis for obtaining a patent. By submitting an application to the federal executive branch on the basis of the progress made in the selection process, in accordance with paragraph 1 of this article. A copy of the application shall be sent by the restraint to the patent holder, who may submit a reasoned objection within three months of the date on which it was sent to him. The radar authorities must decide on the application within six months of the date of the application, unless additional information is required. 3. A patent for a breeding achievement declared invalid shall be cancelled from the date of application for a patent. 4. The validity of a patent shall remain valid to the extent that it was executed by that date. 1439) and the cancellation of the relevant entry in the State Register of Protected Selective Achievements.