Patent law

Over the years, the development of intellectual property laws in Russia has reflected the country's political evolution.

The granting of privileges for inventions in Russia began by the middle of the 18th century, the first of which was issued in March 1748 . Until 1812 , 76 privileges were granted “for crafts, trade, and inventions in crafts and arts” ^[1] . On June 17, 1812, Alexander I signed the manifesto “On the privileges of various inventions and discoveries in crafts and arts,” which is the first patent law in Russia ^[1] . This manifesto, signed by Emperor Alexander I, is generally considered the earliest law in Russia on the protection of intellectual property rights. Over the next hundred years, after the publication of the Manifesto of June 17, 1812, intellectual property rights developed along the same lines as the intellectual property laws of other European countries. The "Regulation on the Privileges for Inventions and Improvements", adopted on May 20, 1896, already contains most of the elements of the modern patent system, such as ensuring the novelty and effectiveness of the requirements, and a fifteen-year exclusive patent validity period.

After the Bolshevik revolution of 1917 , the Russian political and economic systems changed dramatically almost overnight. The capitalist monarchy disappeared, giving way to the Soviet Socialist Republic with its regulated planned economy, subsidized industries and the complete absence of private enterprise and private property. Everything except the most basic types of property belonged to the "people" - the word "communist state" was substituted for this word ^[2] . In 1965, the USSR joined the Paris Convention for the Protection of Industrial Property. In 1973, the “Regulation on discoveries, inventions and rationalization proposals” was adopted, which, taking into account the additions of 1978, existed before the adoption of the Law on Inventions in the USSR in 1991 ^[3] .

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  Privilege Patent ( 1906 )

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  Patent Certificate ( 1927 )

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  Industrial Design Certificate ( 1977 )

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  Copyright certificate for an invention ( 1983 )

Russian law does not explicitly define a patent , but in practice, a patent is a document issued on behalf of the state to the person who filed the application in the manner prescribed by law, in support of his rights to an invention, utility model or industrial design. "A patent certifies the priority, authorship of an invention, utility model or industrial design and the exclusive right to invention, utility model or industrial design." Under the right of authorship refers to the right to be recognized as the author of the invention. By exclusive right it is understood that the use of the corresponding object is possible either by the copyright holder himself or with his direct permission.

Subjects of patent law:

1. The original subject of patent law is an author - a citizen , whose creative work created the corresponding result of intellectual activity;
2. Patent holders. These are individuals , groups of persons and organizations that have the exclusive right to use the invention;
3. Employers of authors of service inventions, utility models and industrial designs acquire the exclusive right to the corresponding object and to obtain a patent, unless otherwise provided by an agreement with the employee or the Civil Code of the Russian Federation (Civil Code);
4. Customers who, in the event of the creation of an invention, utility model or industrial design by a contractor (performer) under a contract, acquire the exclusive right and the right to obtain a patent, or the right to use the object on the terms of a free simple (non-exclusive) license in accordance with the contract and the Civil Code of the Russian Federation;
5. RF , constituent entities of the Russian Federation or municipalities that acquire the exclusive right and right to obtain a patent, or the right to use the corresponding object on the terms of a free license in accordance with a state or municipal concluded contract and the Civil Code of the Russian Federation;
6. Heirs and other legal successors of the owner of the exclusive right to an invention, utility model or industrial design who may acquire the relevant rights in cases and on the grounds established by law ;
7. Other entities that may acquire the rights to an invention, etc. on the basis of an agreement on the alienation of rights , a license agreement or a court decision on the grant of a compulsory license;
8. Rospatent . The Federal Service for Intellectual Property, the federal executive body that organizes the receipt of applications , grants patents, registers agreements on granting rights to industrial property objects, etc.
9. Patent Attorneys. These are persons who have received special education , have experience in the field of industrial property protection and have passed the special exam to obtain the position of patent attorney. They can work as wage laborers or as individual entrepreneurs ;
10. Intellectual Property Court . This is a specialized arbitration court , which considers within its competence cases in disputes related to the protection of intellectual property rights , as a court of first instance and cassation . ^{[4] [5]}

The objects of patent law are:

• Invention . As an invention, a technical solution is protected in any field related to a product (in particular, a device, substance, strain of a microorganism , a culture of plant or animal cells ) or a method (the process of performing actions on a material object using material means). The invention is granted legal protection if it is new, has an inventive step and is industrially applicable.

The following are not inventions:

1. discoveries;
2. scientific theories and mathematical methods;
3. decisions concerning only the appearance of products and aimed at satisfying aesthetic needs;
4. rules and methods of games, intellectual or economic activity;
5. computer programs;
6. decisions consisting only in the presentation of information. ^[6]

• Utility model . As a utility model, a technical solution related to the device is protected. The patentability conditions of a utility model will be novelty and industrial applicability. The legislator does not require an inventive step for utility models. As can be seen from the definition, a technical solution that relates only to a device can be recognized as a useful model, in contrast to inventions, which, in addition to the device, can be a substance, a microorganism strain , a culture of plant or animal cells , the process of performing actions on a material object using material resources.

In Russia, legal protection is not provided as a utility model:

1. decisions concerning only the appearance of products and aimed at satisfying aesthetic needs;
2. topologies of integrated circuits . ^[6]

• Industrial design . As an industrial design, the artistic and design solution of a product of industrial or handicraft production is protected, which determines its appearance. An industrial design is very different from an invention or utility model, it even looks like one of the objects of copyright , since it has a design solution in combination with an artistic solution. An industrial design shall be granted protection if by its characteristics it is new and original. An example is a glass bottle of a soft drink that has the original appearance of the product.

Legal protection is not provided as an industrial design:

1. decisions due solely to the technical function of the product;
2. objects of architecture (except for small architectural forms), industrial, hydraulic and other stationary structures;
3. objects of an unstable form of liquid, gaseous, bulk or similar substances. ^[6]

In Russia, the following may not be objects of patent rights:

1. human cloning methods;
2. methods for modifying the genetic integrity of human germline cells;
3. the use of human embryos for industrial and commercial purposes;
4. other decisions contrary to the public interest, principles of humanity and morality. ^[6]

Currently, patenting of software at the legislative level is widespread in the United States . Discussions about the appropriateness of this approach are ongoing in Europe . Patenting software products protects its developers, of course, more than copyright, but the possibilities for arbitrariness are such that the classical balance of interests of the author and society is significantly violated. So, since 2013, patenting software has been prohibited by law in New Zealand . ^[7]

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  Patent for invention

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  Utility Model Patent

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  Industrial Design Patent

• Associated Quality Management System
• Criticism of Patents
• Intellectual Assets

• D.O. Revinsky “HISTORY OF THE PATENT SYSTEM AND PATENTING OF INVENTIONS IN RUSSIA IN THE XIX CENTURY: BASIC PROBLEMS OF STUDY”
• Patent Legislation of Foreign Countries: In 2 vols. - M .: Progress, 1987.
• Vishnevetsky L. M., Ivanov B. I., Levin L. G. The formula of priority: The emergence and development of copyright and patent law. - L .: Science , Leningrad. Department, 1990 .-- 208 p. - ( History of science and technology ). - ISBN 5-02-027211-6 .
• Patent Law: Norm. acts and comments. / [Aut. commentary. and comp. Trachtengerz L. A.]. - M .: Yurid. lit., 1994. - 266, [1] p. ISBN 5-7260-0725-5
• Legislation of the CIS states in the field of industrial property: [2 vols.] / A.N. Grigoryev, V.I. Under the total. ed. V.I. Blinnikova; Vseros. scientific researcher Institute of Pat. inform. - M.: VNIIIPI, 1996-.
• Patent Legislation of the Member States of the Commonwealth of Independent States: Sat. doc / Grew. Pat. and goods. signs. Inform.-publ. center; [Comp.: L. I. Podshibikhin, N. V. Buzova]. - M.: INITS of Rospatent, 2002 .-- 337 p.
• Foreign patent law: In 2. t. / Ros. patent agency and product. signs, Inform.-publ. center. - 2. ed., Add. - M., 1998.

• Patents for inventions // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.
• Joseph Stiglitz proposes replacing the patent system with a prize pool , securitylab.ru