The concept of a patent
A patent for an invention is a document of protection certifying the exclusive right to an invention, authorship and priority of the invention.
A patent is issued subject to the state registration of the invention by the state executive authority for intellectual property. In the Russian Federation, such body is Rospatent.
The exclusive right to an invention means that the patent owner has the right to use the patented invention in any way that does not contradict the law and prohibit third parties from using it. In this case, the absence of a prohibition is not considered consent (permission) to use the patented invention.
The patent owner also has the right to dispose of the exclusive right to the registered invention, i.e. he has the right, at his own discretion, to allow other persons to use his patented technical solution. The disposal of the exclusive right is drawn up in the form of an agreement and is subject to state registration.
Thus, a license a patent for an invention you have created is necessary, in particular, in order to last for the entire duration of the patent.
1) obtain a monopoly on the use of an invented technical innovation, including production, sale, export, etc.;
2) be able to earn additional income by granting the right to use your invention;
3) exclude the possibility of using a new technical solution created by you without your permission.
It is very important to realize that the validity of a patent is tied to a certain territory, i.e. a patent of the Russian Federation is not valid in other states, and an invention that has received legal protection in Russia can be freely used on the territory of other countries if there is no patent protection of the corresponding technical solution in these countries.
What can be patented as an invention
Not every solution can be recognized as a patentable invention.
First, it is not allowed to patent solutions that are contrary to the public interest, the principles of humanity and morality, as well as methods for cloning a person, his clone, methods for modifying the genetic integrity of human germline cells and using human embryos for industrial and commercial purposes.
Secondly, the law establishes a list of objects that in themselves cannot be recognized as an invention. These include discoveries, as well as solutions that do not have a technical nature or fall under the list of objects for which the legislation on intellectual property rights provides for other options for legal protection.
Thirdly, the solution proposed for patenting must meet the patentability criteria, that is, it must:
- be new. This means that similar solutions should not be publicly available anywhere in the world prior to the date of application. For example, the novelty of an invention can be discredited by an article in Chinese in a magazine located in a regional library in China, if anyone has the right to read it. The novelty of the invention will also be in question if an application for a similar solution has been filed in the Russian Federation earlier, even if information about it has not yet been published;
- have an inventive step, that is, not be obvious to a hypothetical specialist in the relevant field of technology, who has information about all materials that have become publicly available in the world before the filing date;
- be industrially applicable. This means that the technical solution can actually be used.
The invention must relate to a product, a method or their use for a specific purpose.
Aims and objectives of the patent
Those who have spent intellectual and material resources on the development of a new solution should be able to benefit from its practical implementation. If they are not given such an opportunity, then incentives for new developments will disappear and the mechanism of braking scientific and technological progress will turn on.
The ability to have exclusive use of an invention is precisely the motive that encourages innovators to conduct research and be the first to achieve results. For example, in pharmaceuticals, the cost of many years of research leading to the creation of an effective and safe product can be hundreds of millions and even billions of dollars. Companies do this because they can cover their costs at the expense of the monopoly set price of the final product. This is exactly what the patent solves.