What else is important to know the inhabitant about patents. We continue the educational program
We remember that the patent system is a system that gives the inventor a time-limited, state-protected monopoly on the disposal of his idea for its publication. In this article I will tell you exactly how the inventive monopoly is limited in time and how, at the moment, there is a promulgation.
To begin with, it is recommended to read the first part of the educational program , otherwise there is a risk that something will be incomprehensible.
So, from the first part, we remember that the author's monopoly is limited in time. The logical question that arises in this regard: what framework?
The patent expires on the priority date . This, so to speak, is the cornerstone, the beginning began, and that provides the copyright holder with a victory in patent disputes on identical inventions. This date is set by the date of acceptance of the patent application by the FIPS, or on an earlier application, if it was rejected for formal reasons, or within the framework of the Paris Convention on an application filed in another participating country ... I will not go deep, I myself am still swimming in all these matters. For now, it is important to know only what it is.
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The patent expires upon expiration (20 years for inventions, if anyone has forgotten) or non-payment of maintenance fees. Yes, the patent must be maintained annually. And not just pay the duty, but carefully pack the receipt and send it by mail, which probably should indicate that the interest of the inventor to the monopoly remains. Moreover, the fee for maintaining a patent in force increases every two years, which, in theory, should encourage the inventor to dispose of his patent more efficiently.
Another question that arises when we hear about the time frame is “what will happen next?” And then, after the expiration of the term, or due to non-payment of the fee, the patent goes into the public domain. However, due to non-payment of the fee, the patent goes into the public domain not immediately, but after three years, during which it can be restored. The transition to the public domain means that anyone can use the invention described in the patent as he pleases without anyone's permission and paying any deductions.
We also remember from the definition that the ideas of the inventors are somehow made public. Previously, this was done in paper newsletters, now it is also done in electronic newsletters . The solution is rather strange. It would be much easier and more convenient if there was any mailing list in which you could select the categories you are interested in, and keep track of the news only in the industries you are interested in, and not read everything, choosing by numbers. I, frankly, generally doubt that someone reads them.
Well, enough gloom. In addition to the mentioned bulletins, the FIPS website has an information retrieval system (hereinafter IPS), which allows you to search by keywords in the database of abstracts, that is, it is possible to obtain a list of patents on topics of interest to you and read their abstracts. Only patents of the Russian Federation are available for searching, in order to have a search under USSR author's certificates, you need to send some money to FIPS and get a login / password to the database.
In this place, I feel, it is worth making a small digression and telling you what an “abstract” is. The patent, as such, consists of several parts: the title, abstract, description and formula. In the title, the author, the patent holder, the title, etc., with a description, everything is also clear, it describes the situation in the industry, the essence of the ideas, pros, cons, and so on. The essay is a squeeze from the description, that is, the essay briefly describes what is generally being discussed, but I will tell you about the formula in one of the following articles. In short, a formula is a section in which, in accordance with certain rules, it describes what protection is granted by the patent, that is, the distinctive features of the invention.
At this, the retreat can be considered complete, let us return to the “promulgation”. In addition to the IPA, there are so-called open registries in which you can get the full text of the patent by number. The numbers of interest, as we recall, can be obtained from the IRS. What is noteworthy is that in “open registries” Soviet patents and copyright certificates have been available in scans since 1924. And it would be really great to simply drag the numbers out of it, completely digitize it and put it somewhere on the web with a human search ... I can already see how someone's eyes lit up, but I immediately warn you: this is a huge amount of work and Offhand, over 300gb of data.
Also, in terms of public disclosure, there are disks with bases, but this is simply fierce arctic fox, firstly for the price (10-20k rubles per year), secondly for registration: documents of the base are presented in patdoc (SGML), the interface for accessing them - mimosa, in the third - whenever possible their (disks) mutual integration: it is stupidly not. Olso what is the advantage of the box of disks, costing under 2 hundreds of kilorubles over a bunch of “IPS + open registries” to me personally is not clear to this day.
Well, that's probably all. Wait for the next series.
Wishes \ Suggestions \ Refinements \ Criticism \ Questions?
[UPD] All parts: 1 , 2 , 3 , 4 , 5 .
To begin with, it is recommended to read the first part of the educational program , otherwise there is a risk that something will be incomprehensible.
So, from the first part, we remember that the author's monopoly is limited in time. The logical question that arises in this regard: what framework?
The patent expires on the priority date . This, so to speak, is the cornerstone, the beginning began, and that provides the copyright holder with a victory in patent disputes on identical inventions. This date is set by the date of acceptance of the patent application by the FIPS, or on an earlier application, if it was rejected for formal reasons, or within the framework of the Paris Convention on an application filed in another participating country ... I will not go deep, I myself am still swimming in all these matters. For now, it is important to know only what it is.
')
The patent expires upon expiration (20 years for inventions, if anyone has forgotten) or non-payment of maintenance fees. Yes, the patent must be maintained annually. And not just pay the duty, but carefully pack the receipt and send it by mail, which probably should indicate that the interest of the inventor to the monopoly remains. Moreover, the fee for maintaining a patent in force increases every two years, which, in theory, should encourage the inventor to dispose of his patent more efficiently.
Another question that arises when we hear about the time frame is “what will happen next?” And then, after the expiration of the term, or due to non-payment of the fee, the patent goes into the public domain. However, due to non-payment of the fee, the patent goes into the public domain not immediately, but after three years, during which it can be restored. The transition to the public domain means that anyone can use the invention described in the patent as he pleases without anyone's permission and paying any deductions.
We also remember from the definition that the ideas of the inventors are somehow made public. Previously, this was done in paper newsletters, now it is also done in electronic newsletters . The solution is rather strange. It would be much easier and more convenient if there was any mailing list in which you could select the categories you are interested in, and keep track of the news only in the industries you are interested in, and not read everything, choosing by numbers. I, frankly, generally doubt that someone reads them.
Well, enough gloom. In addition to the mentioned bulletins, the FIPS website has an information retrieval system (hereinafter IPS), which allows you to search by keywords in the database of abstracts, that is, it is possible to obtain a list of patents on topics of interest to you and read their abstracts. Only patents of the Russian Federation are available for searching, in order to have a search under USSR author's certificates, you need to send some money to FIPS and get a login / password to the database.
In this place, I feel, it is worth making a small digression and telling you what an “abstract” is. The patent, as such, consists of several parts: the title, abstract, description and formula. In the title, the author, the patent holder, the title, etc., with a description, everything is also clear, it describes the situation in the industry, the essence of the ideas, pros, cons, and so on. The essay is a squeeze from the description, that is, the essay briefly describes what is generally being discussed, but I will tell you about the formula in one of the following articles. In short, a formula is a section in which, in accordance with certain rules, it describes what protection is granted by the patent, that is, the distinctive features of the invention.
At this, the retreat can be considered complete, let us return to the “promulgation”. In addition to the IPA, there are so-called open registries in which you can get the full text of the patent by number. The numbers of interest, as we recall, can be obtained from the IRS. What is noteworthy is that in “open registries” Soviet patents and copyright certificates have been available in scans since 1924. And it would be really great to simply drag the numbers out of it, completely digitize it and put it somewhere on the web with a human search ... I can already see how someone's eyes lit up, but I immediately warn you: this is a huge amount of work and Offhand, over 300gb of data.
Also, in terms of public disclosure, there are disks with bases, but this is simply fierce arctic fox, firstly for the price (10-20k rubles per year), secondly for registration: documents of the base are presented in patdoc (SGML), the interface for accessing them - mimosa, in the third - whenever possible their (disks) mutual integration: it is stupidly not. Olso what is the advantage of the box of disks, costing under 2 hundreds of kilorubles over a bunch of “IPS + open registries” to me personally is not clear to this day.
Well, that's probably all. Wait for the next series.
Wishes \ Suggestions \ Refinements \ Criticism \ Questions?
[UPD] All parts: 1 , 2 , 3 , 4 , 5 .
Source: https://habr.com/ru/post/137551/
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