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Patent is a security document

Изображение Статьи патентный поверенный, авторское право, регистрация торговой марки, недобросовестная конкуренция

A patent is a security document that, above all, certifies the exclusive right, authorship and priority of an invention. With the help of a patent, you can get the exclusive right to use the invention (utility model or industrial design), the right to allow or prohibit the use of the invention (utility model or industrial design).

Patents in the modern sense appeared in 1474 in the Republic of Venice. A decree was issued, according to which it was necessary to report all the inventions implemented in practice. This was necessary in order to avoid the use of inventions by others. At that time, a patent was granted for a period of 10 years.

Depending on the subject of patents, the term of the patent also depends, and may be from 10 to 25 years.

For example, the term of validity of a patent for a utility model is 10 years from the date of filing an application, a patent for an industrial design is 15 years, a patent for an invention is 20 years.

By invention, in the sense of patent law, is meant a technical solution in any field relating to a product (in particular, a device or substance). An invention is the creation and manufacture of an object of intellectual property that did not exist in the past. A patent for an invention can only be granted if the invention satisfies the three basic conditions of patentability.

  • is new. The invention is recognized as new only if it is still unknown from the current level of technology;
  • has an inventive step. An invention involves an inventive step only if it meets the criterion of «non-obviousness». The non-obviousness of the invention means that the proposed solution for a specialist in a particular industry does not follow from the prior art (it is not obvious);
  • is industrially applicable. The invention is recognized as industrially applicable only if it can be used in industry, agriculture and other fields of activity.
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