2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Similar to patent law in the Russian Empire arose at the end of the 18th century. At that time, the first "privilege" for the invention was issued. The very first law that streamlined these relations appeared in 1812, in which we were many years ahead of China, where patent law appeared only in 1984.
Modern patent law of the Russian Federation is based on the 72nd Chapter of the Civil Code. Here you can find the definition of patent rights, according to which those who created a utility model, invention or industrial design own copyright, exclusive rights, as well as the right to receive a patent or remuneration for use.
An industrial design has some differences from other objects of patent law - an invention or utility model. They are as follows:
- invention is a solutiontechnical plan in any field that relates to some product or method;
- a utility model is also a technical solution, but which only applies to devices (and an invention can be in the field, for example, crops);
- an industrial design, an example of which is the original Sprite bottle, is both a design and artistic solution. It is recognized as original and subject to protection if the ornament, color combination, shape or configuration of the object was not known in the world before the priority date of the claimed design.
In accordance with the laws of our country, industrial designs cannot be unstable formations (from liquid substances, etc.), solutions that are caused only by the technical component of the object, as well as architectural objects (with the exception of small ones), stationary structures of industrial and another plan.
In order for an object of patent law to be recognized, it is necessary that an industrial design, invention or model be properly registered. For these purposes, you can apply to the Institute of Industrial Property (Federal) or contact a patent attorney, who is better versed in the features of a very voluminous and complex legislation. In particular, this applies to the compilation of aggregate features of an object.
A patent for an industrial design implies that, in addition to the application, documents such as a description of the details of an industrial design,enumeration of essential features and a set of images of the object. In addition, you need to pay a fee for consideration (at least 2100 rubles). At the institute, the proposed sample will be subjected to two examinations - formal and substantive. As a result of the first, the object will be recognized or not recognized as corresponding to formal features. Then the presence or absence of the necessary originality and novelty in the sample will be established.
In case of a positive development of events, a patent is issued for an industrial design, and its owner receives an exclusive right to it from the date of publication of information on the issuance of the document. For the maintenance of a patent with legal capacity, you need to pay a fee, which increases slightly from year to year. For example, a patent holder holding a patent for the third year must pay an amount of 300 rubles a year, and after 12 years this amount will increase to 1200 rubles.
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