Civil law. Parts I, III and IV. Patent Law (Most Important)

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Civil law. Parts I, III and IV. Patent Law (Most Important)

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71. PATENT LAW

The objects of patent rights are: - results of intellectual activity in the scientific and technical field that meet the requirements for inventions and utility models established by the Civil Code of the Russian Federation; - the results of intellectual activity in the field of artistic design that meet the requirements for industrial designs established by the Civil Code of the Russian Federation.

Initial the subject of patent rights is author - a citizen whose creative work created the corresponding result of intellectual activity.

Patent holders - have the exclusive right to use an invention, utility model or industrial design and can dispose of this right by concluding an agreement on the alienation of an exclusive right or a license agreement.

Employers authors of service inventions, utility models and industrial designs acquire the exclusive right to the relevant object and the right to obtain a patent, unless otherwise provided by the contract with the employee and the Civil Code of the Russian Federation.

Customers in the event of the creation of an invention, utility model or industrial design, the contractor (executor) under the contract acquires 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 terms of the contract and the rules of the Civil Code of the Russian Federation.

Russian Federation, constituent entities of the Russian Federation or municipalities acquire the exclusive right and the right to obtain a patent, or the right to use the relevant object on the terms of a free simple (non-exclusive) license in accordance with the concluded state or municipal contract and the rules of the Civil Code of the Russian Federation.

Heirs and other successors the owner of the exclusive right to an invention, utility model or industrial design may acquire the relevant rights in cases and on the grounds established by law.

Other entities may acquire the rights to inventions, utility models and industrial designs on the basis of an agreement on the alienation of rights, a license agreement or a court decision on granting a compulsory simple (non-exclusive) license.

Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) - the federal executive body for intellectual property organizes the acceptance of applications, issues patents, registers agreements on granting rights to objects of industrial property, etc.

Patent Attorneys - representatives who, along with other persons, conduct business in Rospatent.

Chamber of Patent Disputes - a dispute resolution body formed under Rospatent. Engaged in the consideration of applications and objections in order to ensure the legally protected rights and interests of applicants and holders of titles of protection for intellectual property, as well as the legitimate interests of other individuals and legal entities in this area.

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