We start educational program on patent law
I was surprised to find that the brain of an average Habrap User contains a lot of gaps and misconceptions regarding patent law, and this section pleases mostly with news, which is obviously not enough. I am not a God knows what a specialist, nevertheless, I would venture to try to stick, so to speak, a burning torch of knowledge ...
So, hello, dear Khabrovchane. This is my first post, so please kick hard and mercilessly so that it will be easier further. This post opens, well, or does not open, if it turns out to be unnecessary to anyone, a cycle of articles on patent law in general and in the Russian Federation in particular.
A few words about myself: I am not an employee of FIPS , not an attorney or even a patent expert. I am just a person who has taken the trouble to carefully read part four of the Civil Code (hereinafter the Civil Code of the Russian Federation) and skim through the FIPS website . As for the experience, I have been working on the subject for about three months; I have no experience at all. Therefore, any remark, criticism, example, and indication of inaccuracies will be very happy.
')
So, let's begin. Perhaps I will not tell you what a patent and invention are and go to the bottom line: the patent system is a system that gives the inventor a time-limited, state-protected monopoly on disposing his idea for its publication. The definition of the author, criticism is welcome.
I especially recommend to pay attention to the word "state". The patent system is territorial, that is, the patent of the Russian Federation is valid in the territory of the Russian Federation, the patent of the Federal Republic of Germany - in the territory of the Federal Republic of Germany and so on. And, dumbfounded you, there is no “world patent”. Yes, there is WIPO , there are international agreements in the field of patent law, such as the Paris Convention and PCT , there is an international PCT application, but there is no international patent. Well, in this place you do not need to be Lobachevsky in order to understand that in order to ensure patent protection all over the world, an invention must be patented in each country.
Further, you are probably interested in how time-limited inventive monopoly. In different countries in different ways, most - 20 years. As for the Russian Federation, read article 1363 of the Civil Code. In general, I recommend leafing through chapter 72 , it is not long, it is read in one gulp.
And, of course, it would be naive of us to believe that the state gives this monopoly for free. But the duties do not seem so terrible when you realize that the conversation is about a 10-20 year monopoly on production, sale and import. As for the rights of altruistic inventors who are allegedly infringed upon duties, they are taken into account in article 1366 of the Civil Code of the Russian Federation.
For today, probably, everything. In the next article I will tell you how much the rights are protected, what the application is and maybe something else.
Well, in conclusion, I would like to hope that at least a couple of curious Habras users will be interested in the topic, start pumping over it, and write here a million good and useful articles.
Questions?
[UPD] All parts: 1 , 2 , 3 , 4 , 5 .
So, hello, dear Khabrovchane. This is my first post, so please kick hard and mercilessly so that it will be easier further. This post opens, well, or does not open, if it turns out to be unnecessary to anyone, a cycle of articles on patent law in general and in the Russian Federation in particular.
A few words about myself: I am not an employee of FIPS , not an attorney or even a patent expert. I am just a person who has taken the trouble to carefully read part four of the Civil Code (hereinafter the Civil Code of the Russian Federation) and skim through the FIPS website . As for the experience, I have been working on the subject for about three months; I have no experience at all. Therefore, any remark, criticism, example, and indication of inaccuracies will be very happy.
')
So, let's begin. Perhaps I will not tell you what a patent and invention are and go to the bottom line: the patent system is a system that gives the inventor a time-limited, state-protected monopoly on disposing his idea for its publication. The definition of the author, criticism is welcome.
I especially recommend to pay attention to the word "state". The patent system is territorial, that is, the patent of the Russian Federation is valid in the territory of the Russian Federation, the patent of the Federal Republic of Germany - in the territory of the Federal Republic of Germany and so on. And, dumbfounded you, there is no “world patent”. Yes, there is WIPO , there are international agreements in the field of patent law, such as the Paris Convention and PCT , there is an international PCT application, but there is no international patent. Well, in this place you do not need to be Lobachevsky in order to understand that in order to ensure patent protection all over the world, an invention must be patented in each country.
Further, you are probably interested in how time-limited inventive monopoly. In different countries in different ways, most - 20 years. As for the Russian Federation, read article 1363 of the Civil Code. In general, I recommend leafing through chapter 72 , it is not long, it is read in one gulp.
And, of course, it would be naive of us to believe that the state gives this monopoly for free. But the duties do not seem so terrible when you realize that the conversation is about a 10-20 year monopoly on production, sale and import. As for the rights of altruistic inventors who are allegedly infringed upon duties, they are taken into account in article 1366 of the Civil Code of the Russian Federation.
For today, probably, everything. In the next article I will tell you how much the rights are protected, what the application is and maybe something else.
Well, in conclusion, I would like to hope that at least a couple of curious Habras users will be interested in the topic, start pumping over it, and write here a million good and useful articles.
Questions?
[UPD] All parts: 1 , 2 , 3 , 4 , 5 .
Source: https://habr.com/ru/post/137220/
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