The rapid growth of production and trade in the late nineteenth century led to the development of a new institution of law - industrial property. Patent law organically fit into it. Today it is considered in two directions. The first presents it as the union of all patent rights, which include the right to protection. This is a subjective approach to definition. The second direction suggests that patent law is a whole institution that is aimed at the legitimate definition and regulation of certain objects of patent law. As you can see, this approach considers the above industry in an objective sense. And this article is dedicated to him.
Objects and subjects of patent law
The disclosure of each institution of law is achieved by designating its objects and subjects. The same approach is used by jurists, the subject of study of which is the patent and its legal regulation.
In science, the objects of patent law are defined quite clearly. These include industrial design, invention and utility model. At the same time, both legislation and scholars in the field of jurisprudence highlight the mandatory features that an object must possess, namely: novelty, industrial application, and inventive step.
The novelty lies in the fact that the object in its technological level does not repeat and exceeds the existing one.
The inventive step is aimed at creatively solving the task, i.e. the object arose as a result of an unusual approach.
Industrial application is that the patented solution can be applied in mass production. Only a complete combination of these features makes an object patentable.
There are some mandatory reservations regarding subjects. It is necessary to distinguish between 2 concepts - “subjects of patent rights” and “subjects of patent law”. So, the first ones are those who have been granted a patent. The second unites the authors of patent objects, subjects of patent rights, patenting authorities, and representatives of patent cases.
The author recognizes the individual who owns the creative idea embedded in the object of patenting. But the subjects of patent rights are both individuals and legal entities holding a patent. The bodies carrying out patenting should include a specialized state institute (as a rule, this is an intellectual property agency) dealing with applications for the acquisition of a patent and issuing them. And representatives on patent cases are persons who, on the basis of a license, can represent interests in the patenting authority. As you can see, the subjects of patent rights are only part of the subjects of the institution in question.
Patent law - what is protection?
So, a person has a situation in which the idea developed by him falls into the legal field of patenting. It has the right to either leave the objects of patent law without state registration, or to pass through it and receive protection from illegal encroachments.
In the absence of a patent, a person cannot rely on state intercession. Such is the specificity of all objects of industrial property law. Therefore, he should nevertheless go through state registration and obtain a patent. In this and only in this case, patent law gives a person the right to protect his interests in the court.
What requirements can a patent holder put forward? Firstly, the cessation of illegal use of an object recognized by the state. Secondly, it is compensation for material damage, and in some countries, moral damage. Thirdly, this is an official recognition of the fact of damage to business reputation and an apology for such a fact.
Thus, knowledge of the legal foundations of patenting will help to effectively protect intellectual property rights in entrepreneurship.