The similarity of patent law in the Russian Empire arose at the end of the 18th century. At that time, the first “privilege” for the invention was granted. The first law that streamlined these relations appeared in 1812, in which we overtook China for many years, 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 have created a utility model, invention or industrial design have copyright rights, exclusive rights, as well as the right to receive a patent or reward for their use.
An industrial design has some differences from other objects of patent law - an invention or utility model. They are as follows:
- an invention is a solution to a technical plan in any field that relates to a product or method;
- a utility model is also a solution of a technical orientation, but which applies only to devices (and the invention may be in the field of, for example, crops);
- An industrial design, an example of which is the original Sprite bottle, is both a design and an artistic solution. It is recognized as original and is 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 sample.
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 (except for the small one), stationary structures of an industrial and other plan.
In order for the subject of patent law to be recognized, it is necessary that the industrial design, invention or model be appropriately registered. For this purpose, you can apply to the Institute of Industrial Property (Federal) or contact a patent attorney, who is better guided by the features of a very voluminous and complex legislation. In particular, this refers 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 the industrial design, a listing of the essential features and a set of images of the object will be filed. 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 by the corresponding formal characteristics. 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 the industrial design, and its holder receives the
exclusive right to it from the date of publication of information on the issuance of the document. For the maintenance of a patent, competent persons 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 the amount of 300 rubles per year, and after 12 years this amount will increase to 1,200 rubles.