Explain classification of patents. Estimate and explain patenting conditions. Give an example.

A patent (Latin brevet) is a document confirming the exclusive right of a patent holder to an invention, a utility model or an industrial design. The patent also certifies the priority and authorship. The term of the patent depends on the object of patenting and is from 8 to 20 years. The patent is issued by the authorized state authority, in the Russian Federation such authority is Rospatent.

There are three types of patents: a patent for an invention, a patent for a utility model, a patent for an industrial design.

The invention is a technical solution applicable to industrial activities. Patent protection is guaranteed only by new and unknown inventions. The inventions include: devices, methods, substances, strains of microorganisms. The period of validity of a patent for an invention is 20 years (starting from the filing date of the patent application).

A utility model is a constructive technical solution that can relate to means of production or products. Patent protection is given only to new and industrially applicable utility models. The maximum term of the patent is 13 years (starting from the date of filing of the patent application).

The industrial design refers to the artistic and design decision (refers to the appearance of the product). To obtain a patent, an industrial design must have novelty and be original. The maximum term of the patent is 25 years (starting from the date of filing of the patent application).

In addition to the patent, other forms of protection of intellectual property are: copyright, trademark and service mark, protected commercial information (know-how).

A patent for an invention may be issued if the invention satisfies three basic conditions for patentability:

• is new, that is, it is not known from the existing state of the art;

• has an inventive level, that is, the proposed solution for a specialist does not explicitly follow from the state of the art (it is not obvious);

• is industrially applicable, that is, it can be used in industry, agriculture and other industries.

The conformity of the invention to the conditions of patentability is determined by state expertise. If, during the examination, the compliance of the invention with the three specified conditions is clarified, then in this case the applicant may be granted a patent.

8) The concept of "patent", the receipt of a patent for an invention, utility model, industrial design, the terms of patenting

A patent (Latin brevet) is a document confirming the exclusive right of a patent holder to an invention, a utility model or an industrial design. The patent also certifies the priority and authorship. The term of the patent depends on the object of patenting and is from 8 to 20 years. The patent is issued by the authorized state authority, in the Russian Federation such authority is Rospatent.

Patent for invention

An invention in the sense of a patent law means a technical solution in any field relating to a product (in particular, to a device, substance) or to a method (the process of carrying out actions on a material object by means of material means).

Criteria for patentability

A patent for an invention may be issued if the invention satisfies three basic criteria for patentability:

is new, i.e., not known from the prior art;

has an inventive step, i.e., the proposed solution is not obvious to a person skilled in the art;

is industrially applicable, that is, it can be used in industry, agriculture and other fields of activity.

The conformity of the invention with the criteria for patentability is determined by state expertise. If in the process of examination the compliance of the invention with the three specified criteria is clarified, then in this case a patent is issued.

History

Patents in the modern sense of the word appeared in 1474 in the Venetian Republic. This year, a decree was issued, according to which it was necessary to inform the republican authorities about the inventions that were implemented in practice, in order to prevent the use of inventions by other persons. The patent was valid for 10 years. In 1623, the "Statute of Monopolies" was issued in England, according to which patents were issued for "projects of new inventions." The first patent law of the USA (Patent Act) was published in 1790. In Russia in 1812 the first general "Law on privileges" appears, and in 1830 the law of March 30 establishes the basic concepts of patent law. [1]

Struрture of the patent for invention

bibliographic data

name

description of invention

Claim

blueprints

Bibliographic data

It contains information necessary for the registration, storage and retrieval of the patent: the patent number, the name of the country that issued the patent, the date of filing the application, the date of issue of the patent, the classification indices (conditional digital and letter designations of the classification systems of inventions to which the patent relates) formulas, name and address of the owner.

Criticism of the patent system

The granting of patents can be practiced to encourage technological innovation. However, economic development is in the competence of states, therefore, states take actions aimed at strengthening the national market and preserving exclusive technologies.

For a long time, the high priority of the protection of industrial secrets was high technologies, for example, by the US government, any computer programs were equated with national security facilities, and it was forbidden to export them from the country - even the transfer of recorded floppies was pursued across the border.