What is a patent and the necessary conditions for obtaining it

If you want to know what a patent is, you should first stipulate that exclusive rights to it apply only in a certain territory: its use is possible only in the country where this document for the invention was obtained. It allows the owner to completely dispose of his intellectual brainchild: to allow or prohibit its use in various fields, as well as individuals or organizations.

What is a patent? This is a document that can be obtained from a specialized patent office, its issuance is stipulated by the regulations and is protected by the state. In the Russian Federation, the executive body involved in the processing of this documentation is the Federal Service for Intellectual Property, which also deals with securing its trademark to a specific person , ROSPATENT. Patenting in Russia is enshrined in law. The definition of the rules for filing applications for it, as well as expert actions for the applicantโ€™s arguments, are established by the Administrative Code of the Russian Federation.

What is a patent?
When a patent is issued, the subject receives protection for his invention, utility model, or various industrial designs. If an exclusive thing is created, but it was not patented, then a person has no rights without a document to it. The issuance of a registered patent for any invention of industrial designs or a separate model gives its author the opportunity to receive dividends.

In the event that the patent application was filed, and then for some reason a person refused it, then this document can be obtained by another citizen with the right to full copy. Thus, a true developer is not allowed to exercise the exclusive right to his invention.

Patenting in Russia

In determining what a patent is, it should be borne in mind that the duration of the invention is limited to twenty years - subject to annual support.

The validity of a utility model patent is valid for up to ten years, but it is possible to extend the term by three years at the request of the inventor.

Conditions for granting patents

A person may obtain a patent for an invention if:

a) it is new and has never before been used in technical work;

Patent application

b) if the invention has its own level of technical characteristics;

c) is applicable in industrial conditions, that is, its use is possible in enterprises and in agricultural needs.

All data on the conformity of a patent product is established by the state expert commission. If the stated requirements correspond to valid indicators, then the person receives a document certifying the right to this invention.

Patents are issued to promote technological progress and are in the field of state control. For these reasons, the state is directly interested in maintaining exceptional proposals for improving the technology of any processes in production.

We examined what a patent is. However, it is worth remembering that for many years the state has been protecting industrial secrets and high technologies. The United States, for example, equated computer programs with a national security facility, and even a ban on their export from the country was introduced. All removable media with a computer program were targeted.

Recently, all technological types of production have been transferred for obtaining patents only to large corporations working in the relevant industries.

Source: https://habr.com/ru/post/E24904/


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