In our country, patent law is considered. The concept, objects, subjects, rights of the patent holder - all this must be considered in more detail. Let us dwell on issues related to obtaining unique rights to inventions, utility models.
Helpful Help
Patent law in an objective sense can be considered as a civil-law institution that regulates only exceptional as well as non-property personal relations that appear after the authorship of industrial designs and utility models is recognized.
The rights of the subjects of patent law are protected by the state if their registration was carried out in the prescribed manner.
From a subjective point of view, patent law is the property or non-property right of an individual entity relating to a utility model, invention, industrial design.
Need for acquisition
In judicial practice, there are no incidents related to the initiation of criminal cases for the protection of intellectual property. All disputes are resolved using the Civil Code. There is no term “trademark” in the legislation; synonyms of this phrase are used. For example, patenting is connected with the concept of “trademark”, and in real life one often hears the definition of “logo”, “brand”.
Registration of a logo involves several steps, at each stage certain actions are performed. There are details and features. First you need to think over all the design elements of a brand, choose a color scheme, choose a font so that the sign is unique and inimitable. Designers are advised to think over the nuances of the design of the sign with professionals, as this increases the chances of creating an individual sign that will be recognizable, easy to remember, and will help its owner to promote products in the modern consumer market.
Principles of Patent Law
Its main purpose is to protect artistic design and technical solutions.
Analyzing the rights of subjects of patent law, we outline the following principles for their protection:
- recognition of the exclusive right of the patent holder to the object;
- combination of public public interests and individual interests of the patent holder;
- provision of legal protection to objects that are legally recognized as patentable;
- vesting creators with personal property rights.
Theoretical aspects
Consider the concepts of "subjects" and "objects" of patent law. Objects mean the results of intellectual work in the scientific and technical field that meet the requirements for models and inventions established by the Code. They also include the results of artistic design, which meet all the requirements developed for industrial designs.
The following may not be considered as objects of patent law:
- human cloning options;
- commercial and industrial use of human embryos;
- variants of modification of human genetic integrity.
Subjects of patent law are authors of utility models, inventions, industrial designs, other persons who, by agreement or by law, acquire patent rights. Individuals, as well as creative teams that have created certain products of intellectual activity, are recognized as authors.
Those who did not contribute to the creation of an industrial property object, but provided the author only with material or organizational assistance, are not considered authors.
Subjects of patent law can be considered as a group of individuals, each of them is recognized as a full co-author.
An agreement is concluded between them, according to which each person has the right to dispose of the results of intellectual activity, notifying the remaining members of the creative team about their intentions.
The subjects of patent rights are only those persons who were directly involved in the development of the product.
A patent holder is recognized only as a person who has a patent for a utility model, industrial design, invention.
Classification Features
What types of patent law subjects exist in our country? Among them are authors of inventions, utility models, industrial designs that have reached adulthood. If the author is a person under 18 years old, all actions regarding the rights that have arisen are carried out by his parents or legal representatives.
The second group consists of co-authors, thanks to the joint activities of which an intellectual product or a useful model was obtained.
The patent holder is also the subject of patent law. It means a legal entity or an individual who has the exclusive right to a product.
What other subjects of patent law stand out? A general characteristic involves the inclusion of heirs in this group. They are considered legal entities and individuals to whom by inheritance (after the death of the patent holder) exclusive rights to the model, model, and trademark are transferred.
Utility Model Patentability Conditions
When and under what conditions does patent law arise? The concept of "subjects" is considered, now we turn to the issue regarding the provision of legal protection for the invention. Only if it has a sufficient degree of novelty, the author can count on receiving a protective document.
What is the registration of a logo (trademark) and why is it important?
For those individual entrepreneurs who are anxious about their business reputation, it is important to timely file a patent for a trademark, a useful invention. Let's talk about how to register the model correctly.
Such a document as an official patent will not only fully protect the owner from the illegal actions of competitors, but will also help to distinguish his developments from the many analogues presented on the consumer market.
In order to become the owner of such a document, it is important to follow the algorithm created by Rospatent.
Filing a registration application
Before filing an application for official registration of your new invention with Rospatent, it is important to consider the smallest details. It is better to immediately worry about uniqueness, since novelty is a prerequisite for obtaining a patent.
When submitting an application, in addition to photographs of the brand itself, the original receipt of payment of the state fee for registration actions will also be required. The package of documents includes an application for registration, filled out according to the model offered on the Rospatent website. Also black and white or color image of the invention is applied to it. If the registration is carried out by a legal entity, you will have to provide a copy of the certificate of the Public Employment Office, as well as the charter of the organization. You can personally submit documents or take the help of a patent attorney, having previously concluded a service agreement with him.
Expertise Options
A formal examination is not a mandatory step before submitting a package of documents, but without it it is difficult to guarantee a positive outcome of all registration actions.
It is during the formal examination that establishes the uniqueness and security of invented by the applicant of the invention, reveals the possibility of its registration as a unique invention in Rospatent. Based on the results of the audit, the applicant receives a certificate, it indicates the percentage of uniqueness.
The examination is essentially carried out by Rospatent employees after registering a package of documents. This procedure is lengthy, but the issue or refusal to issue a patent certificate for a new invention depends on its outcome. The official registration of patent law with Rospatent is a great chance to protect your product or intellectual product from fakes.