Information law. Patent (most important)

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Information law. Patent (most important)

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40. PATENT

Objects of the invention can be: device, method, substance, microorganism strain, plant and animal cell cultures, as well as the use of a previously known device, method, substance, strain for a new purpose.

Not recognized as patentable inventions: scientific theories and mathematical methods; methods of organization and management of the economy; symbols, schedules, rules; methods of performing mental operations; algorithms and programs for computers; projects and planning schemes for structures, buildings, territories; decisions relating only to the appearance of products, aimed at satisfying aesthetic needs; topology of integrated circuits; plant varieties and animal breeds; decisions contrary to the public interest, principles, humanity and morality.

К useful models includes constructive production and production of consumer goods, as well as their components.

A utility model is granted legal protection if it is new and industrially applicable. A utility model is considered new if the totality of its essential features is not known to the technology of this level. A utility model is industrially applicable if it can be used in industry, agriculture, health care and other industries.

The following are not protected as utility models: methods, substances, strains of microorganisms, plant and animal cell cultures, as well as their use for a new purpose.

Industrial designs include the artistic and design solution of the product, which determines its appearance.

An industrial design is granted legal protection if it is new, original and industrially applicable. An industrial design is recognized as new if the set of features that determine the aesthetic features of the product is not known from information that became publicly available in the world before the priority date of the industrial design. An industrial design is recognized as original if its essential features determine the creative nature of the aesthetic features of the product. An industrial design is recognized as industrially applicable if it can be reproduced many times by manufacturing the corresponding product.

Solutions that are not recognized as patentable industrial designs are: those determined solely by the technical function of the product; objects of architecture (except for small architectural forms), industrial, hydraulic and other stationary structures; printed matter as such; objects of unstable form from liquid, gaseous, friable or similar substances; products that are contrary to the public interest, the principles of humanity and morality.

The author of an invention, utility model, industrial design is a natural person, whose creative work they are created. If several individuals participated in the creation of an industrial property object, all of them are considered to be its authors. The procedure for using the rights belonging to the authors is determined by an agreement between them.

Individuals who have not made a personal creative contribution to the creation of an industrial property object, who provided the author (authors) with only technical, organizational or material assistance, or who only contributed to the registration of rights to it and its use, are not recognized as authors. The right of authorship is an inalienable personal right and is protected indefinitely.

The rights to an invention, utility model, industrial design are confirmed by a patent for an invention, a certificate for a utility model or a patent for an industrial design (hereinafter referred to as a patent) and are protected by law. A patent certifies the priority, authorship of an invention, utility model or industrial design and the exclusive right to use them.

Author: Yakubenko N.O.

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