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Subjects and objects of patent law

Patent law acts as an element of civil. It regulates the relations that arise during the use of the results of intellectual activity in defense, healthcare, culture, and the national economy. Let us further consider what patent law is: a concept, objects, and subjects. objects of patent law

General information

The scope under consideration is regulated by the corresponding Federal Law of September 12, 1992. In accordance with it, the objects of patent law are utility models, inventions, and industrial designs. All this represents the results of creative activity in the field of science and technology. These include, among other things, discoveries, which were once protected by relevant law. This case was considered quite rare in practice. This was due to the fact that the author of the discovery fixed his belonging in publications in which he described him. In addition, the use of this result of activity cannot be limited, permitted or prohibited. A discovery is the discovery of previously unknown patterns or natural phenomena. The action of its laws does not depend on the will of man, including the author. In this regard, the legislator refused to protect the right to open as a special object of intellectual property.

Inventions

The law does not clearly interpret this definition. However, the most important objects of patent law are precisely inventions. In modern science, as well as in previous legislation, the technical solution to the problem implemented by the new method is traditionally considered as it. The law refers to the patentability of an invention. He is given appropriate protection if it is new, has an established level and is applicable for industrial purposes. objects of patent law are

Classification

Inventions as objects of patent law are substances, devices, methods, strains of microorganisms, as well as cultures of animal and plant cells, proposals for the use of already known devices for a new purpose. They are all sorts of human results, the essence of which is to find specific technical methods for solving problems that have arisen in the field of practical activity. The invention should be applied, not theoretical. It is most fully disclosed in the relevant features: inventions appear as new objects of patent law, if they are not known at the present stage of technological development. subjects and objects of patent law

Examples

In world technical practice, until a certain point, hydrofoils of ships or a jet engine at the time of their creation were not known. These objects of patent law have become a new step in the development of technology. An invention will have an appropriate level if prior to the date of receipt of an application for it by the competent authority it was not possible to find publicly available information either in the Russian Federation or in other states. In the 50s of the last century, there was an incident with a prechamber ignition of a car engine. His inventor was invited to Germany - the state that produced at that time the largest number of passenger cars. There he gave several lectures, published articles in special publications about the device that he invented. Probably, the inventor believed that in this way he would make an advertisement for his object. However, the competent authorities of Germany refused to grant a citizen a patent.They motivated their decision by the fact that before the application was received, the invention could be learned from well-known sources, which were lectures and articles in magazines. In the same way, an application for the invention of a bridge connecting the Cape Dezhnev and the Prince of Wales (Bering Strait) was rejected at one time. patent protection

Objects of patent law: specifics

Inventions should be distinguished from discoveries. The latter does not create anything new, but only describes a phenomenon not previously known, or a property of the material world. For example, they may be the Earth’s radiation belts or gravity. Such objects have always existed, but were not known. Also, the invention should be distinguished from a rationalization proposal. The latter does not have signs of inventive step and novelty. Rationalization proposal will be considered new within the enterprise where it is being introduced. In this case, only from a particular firm, the innovator will receive a reward.

General characteristics of the types of invention

Devices are products and designs. They are a system of elements that occupy a certain place in space and interact with each other. Collectively, they perform a specific function. The method should be called a set of methods and techniques, when performed in an established sequence and in compliance with the rules they get a certain result. A substance, acting as an independent type of invention, is a material formation created artificially. It is a complex of interconnected elements. Culture of animal or plant cells, strains of microorganisms are elements that have a common origin and are characterized by the same persistent signs. use of patent law objects

What are the subjects and objects of patent law

The law establishes certain categories that guarantee copyright protection. The protection of patent law objects is carried out by the relevant office. In its structure are present:

  • Court of Appeal.
  • Federal Institute of Industry property.
  • Supreme Patent Chamber.
  • The Russian Institute, which manages intellectual property, and other organizations.

The use of patent law objects may be based on the relevant document. It is issued to the author or his employer (if the work was created by an employee during the performance of his labor duties or a specific task). The subjects may be citizens and legal entities who have acquired some rights to a utility model, invention, industrial design. They can be recognized and heirs, the employer. In the latter case, the company becomes the subject of patent law subject to certain conditions. In particular, if:

  • The invention is created by the author when performing a job assignment.
  • The employee previously ceded the rights to this facility to the employer. patent law concept objects entities

As heirs are recognized persons who have received the relevant document by law or will after the death of the author. Rights that have a property character or are necessary for the implementation of property rights pass to them.


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