What are patents in Russia? Likbez, Part 3
So, if you read ch1 and ch2 of an educational program, then you more or less understand what a patent is and why you need it. Now we will try to figure out what patents are in general.
Immediately, I note that we are talking only about the Russian Federation, but in most progressive countries things are about the same.
Since we are talking about the Russian Federation, we will again have to open the Civil Code (hereinafter the Civil Code, Civil Code of the Russian Federation), namely Chapter 72 . Once again, I recommend reading it if you are interested in the subject, and you still have not done so.
So, there are three types of patents: for invention, for utility model and for industrial design.
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Going from the end: an industrial design is, in modern terms, industrial or industrial design. That is, you can patent the design of your device, as an industrial design, for a period of 15 years and no one else in the territory of the Russian Federation will be able to produce your phone for 15 years with one round button below and in the middle.
A utility model is a device that implements a known invention in a technically new way. I can clumsily determine, I recommend, after a while, to read the comments, there surely will complement and correct me. That is, let's say, you have invented something that already exists, and allows you to achieve the same technical result, but it does it a little differently. For example, you came up with a coffee grinder, in which the engine is located not vertically, but horizontally, and also uses the original knife drive, which allows you to make the coffee grinder more compact and use smaller engines. Further, suppose you decided to submit an application for an invention, but in some cases the FIPS expert will recommend reissuing the application for a utility model due to insufficient inventive step.
In general, a patent for a utility model is considered to be something inferior in comparison with a patent for an invention, as it provides protection for only 10 years, but one should not forget that the utility model has exactly the same level of legal protection with somewhat lower requirements for novelty and inventive step .
And finally, the invention . In the Russian Federation, as a invention, a technical solution is protected in any area related to the product (in particular, the device, substance, strain of microorganism, plant or animal cell culture) or method (the process of performing actions on a material object using tangible means). This is a quote from 1350.1 GK.
Now let's try to figure out what it all means. The FIPS administrative regulation on the organization of the receipt of applications for an invention will help us in this . In principle, this document and chapter 72 of the Civil Code is enough to independently understand everything and apply for an invention. However, the document is rather rather big ...
So, that in the Russian Federation can be patented as an invention, I quote:
The object of the invention is the product
The product as an object of the invention is, in particular, a device, a substance, a strain of a microorganism, a culture (line) of plant or animal cells, a genetic construct.
The devices include designs and products.
Substances include, in particular: chemical compounds, including nucleic acids and proteins; compositions (compositions, mixtures); nuclear transformation products.
The strains of microorganisms include, in particular, strains of bacteria, viruses, bacteriophages, microalgae, microscopic fungi, consortia of microorganisms.
Cell lines of plants or animals include cell lines of tissues, organs of plants or animals, consortiums of corresponding cells.
Genetic constructs include, in particular, plasmids, vectors, stably transformed cells of microorganisms, plants and animals, transgenic plants and animals.
The object of the invention is a method
The way as an object of the invention is the process of performing actions on a material object using material means.
Do not ask me why to patent a way. I myself do not yet understand. If you understand - do not consider it to work, tell about it in the comments. Well, that is, I am ready to understand self-advertisement and inventive vanity, but I do not see any other practical use for the inventor.
Also, I think it is important to know that in the Russian Federation it is NOT an invention (1350.5 GK):
1) discoveries;
2) scientific theories and mathematical methods;
3) decisions relating only to the appearance of products and aimed at meeting the aesthetic needs;
4) the rules and methods of games, intellectual or economic activities;
5) computer programs;
6) decisions consisting only in the presentation of information.
Well, 1349.4 GK just in case:
Can not be subject to patent rights:
1) human cloning methods;
2) methods for modifying the genetic integrity of human germline cells;
3) the use of human embryos for industrial and commercial purposes;
4) other decisions that are contrary to public interests, principles of humanity and morality.
For today, probably, everything. Wait for the next series.
[UPD] All parts: 1 , 2 , 3 , 4 , 5 .
Immediately, I note that we are talking only about the Russian Federation, but in most progressive countries things are about the same.
Since we are talking about the Russian Federation, we will again have to open the Civil Code (hereinafter the Civil Code, Civil Code of the Russian Federation), namely Chapter 72 . Once again, I recommend reading it if you are interested in the subject, and you still have not done so.
So, there are three types of patents: for invention, for utility model and for industrial design.
')
Going from the end: an industrial design is, in modern terms, industrial or industrial design. That is, you can patent the design of your device, as an industrial design, for a period of 15 years and no one else in the territory of the Russian Federation will be able to produce your phone for 15 years with one round button below and in the middle.
A utility model is a device that implements a known invention in a technically new way. I can clumsily determine, I recommend, after a while, to read the comments, there surely will complement and correct me. That is, let's say, you have invented something that already exists, and allows you to achieve the same technical result, but it does it a little differently. For example, you came up with a coffee grinder, in which the engine is located not vertically, but horizontally, and also uses the original knife drive, which allows you to make the coffee grinder more compact and use smaller engines. Further, suppose you decided to submit an application for an invention, but in some cases the FIPS expert will recommend reissuing the application for a utility model due to insufficient inventive step.
In general, a patent for a utility model is considered to be something inferior in comparison with a patent for an invention, as it provides protection for only 10 years, but one should not forget that the utility model has exactly the same level of legal protection with somewhat lower requirements for novelty and inventive step .
And finally, the invention . In the Russian Federation, as a invention, a technical solution is protected in any area related to the product (in particular, the device, substance, strain of microorganism, plant or animal cell culture) or method (the process of performing actions on a material object using tangible means). This is a quote from 1350.1 GK.
Now let's try to figure out what it all means. The FIPS administrative regulation on the organization of the receipt of applications for an invention will help us in this . In principle, this document and chapter 72 of the Civil Code is enough to independently understand everything and apply for an invention. However, the document is rather rather big ...
So, that in the Russian Federation can be patented as an invention, I quote:
The object of the invention is the product
The product as an object of the invention is, in particular, a device, a substance, a strain of a microorganism, a culture (line) of plant or animal cells, a genetic construct.
The devices include designs and products.
Substances include, in particular: chemical compounds, including nucleic acids and proteins; compositions (compositions, mixtures); nuclear transformation products.
The strains of microorganisms include, in particular, strains of bacteria, viruses, bacteriophages, microalgae, microscopic fungi, consortia of microorganisms.
Cell lines of plants or animals include cell lines of tissues, organs of plants or animals, consortiums of corresponding cells.
Genetic constructs include, in particular, plasmids, vectors, stably transformed cells of microorganisms, plants and animals, transgenic plants and animals.
The object of the invention is a method
The way as an object of the invention is the process of performing actions on a material object using material means.
Do not ask me why to patent a way. I myself do not yet understand. If you understand - do not consider it to work, tell about it in the comments. Well, that is, I am ready to understand self-advertisement and inventive vanity, but I do not see any other practical use for the inventor.
Also, I think it is important to know that in the Russian Federation it is NOT an invention (1350.5 GK):
1) discoveries;
2) scientific theories and mathematical methods;
3) decisions relating only to the appearance of products and aimed at meeting the aesthetic needs;
4) the rules and methods of games, intellectual or economic activities;
5) computer programs;
6) decisions consisting only in the presentation of information.
Well, 1349.4 GK just in case:
Can not be subject to patent rights:
1) human cloning methods;
2) methods for modifying the genetic integrity of human germline cells;
3) the use of human embryos for industrial and commercial purposes;
4) other decisions that are contrary to public interests, principles of humanity and morality.
For today, probably, everything. Wait for the next series.
[UPD] All parts: 1 , 2 , 3 , 4 , 5 .
Source: https://habr.com/ru/post/137945/
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