LawState and Law

What is a patent and the necessary conditions for obtaining it?

If you want to know what a patent is, you must first specify that exclusive rights to it are valid only in a certain territory: its use is only possible in the country where this document was received for the invention. It allows the owner to completely dispose of his intellectual brainchild: allow or prohibit its use in different areas, as well as individuals or organizations.

What is a patent? This is a document that can be obtained from a specialized patent office, the issuance of it is stipulated by the regulations and is protected by the state. In the Russian Federation, the executive body that handles the preparation of this documentation is the Federal Intellectual Property Service , which is also engaged in assigning its trademark to a specific person , ROSPATENT. Patenting in Russia is enshrined in legislation. The definition of the rules for filing applications for him, as well as expert actions for the applicant's arguments are established by the Administrative Code of the Russian Federation.

At registration of the patent the subject receives protection on the invention, on a utility model or on various industrial samples. If an exclusive thing was created, but it was not patented, then no person without a document on it has a person. Issuance of a registered patent for any invention of industrial designs or a separate model gives its author the opportunity to receive dividends.

In the event that the application for a patent was filed, and then for some reason the person refused it, this document can be obtained by another citizen with the right of complete copying. Thus, the true developer is not allowed to enjoy the exclusive right to his invention.

When determining what a patent is, it should be borne in mind that the duration of the invention is limited to twenty years - with the condition of annual support.

The validity of a patent for a utility model is valid for up to ten years, but it is possible to extend the period of three years at the request of the inventor.

The conditions necessary for granting patents

A person can receive a patent for an invention if:

A) it is new and has never been used in technical work before;

B) if the invention has its own level of technical characteristics;

C) is applicable in industrial conditions, that is, its use is possible at enterprises and in agricultural needs.

All data on the conformity of a patent product are established by the state expert commission. If the claimed requirements correspond to the actual indicators, then the person receives a document certifying the right to this invention.

Patents are issued for the purpose of encouraging technical progress and they are in the field of state control. For these reasons, the state is directly interested in preserving the exclusive proposals for improving the technology of any processes in production.

We examined what a patent is. However, it is worth remembering that for many years the state was engaged in the protection of industrial secrets and high technologies. The United States, for example, equated computer programs with a national security facility, and even banred their export from the country. All removable media with a computer program were subjected to the persecution.

Recently, all technological types of production have been transferred to obtain patents only for large corporations working in the relevant industries.

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