rapid growth of production and trade in the late nineteenth century was the reason for the development of the new Institute of Law - Industrial Property.It formally incorporated patent law.Today it is considered in two directions.The first presents it as the union of all patent rights, including the right to protection and.This is a subjective approach to the definition.The second trend suggests that patent law - it is the whole Institute, which aims to legitimate the definition and regulation of certain objects of patent law.As you can see, this approach considers the above-mentioned areas in the objective sense.And that he devoted to this article.
Objects and subjects of patent law
disclosure rights of each institution is achieved by its designation of objects and subjects.The same approach is used and jurists, which became the subject of study patent and legal regulation.
In science, the subject of patent rights clearly defined.These include industrial design, invention and utility model.At the same time, and legislation, and scientists in the field of jurisprudence distinguish mandatory signs, which must have an object, namely, novelty, industrial application and inventive step.
The novelty lies in the fact that the object of their technological level does not repeat and exceed existing.
Inventive step is aimed at creative solution of the problem, ie,the object appeared as a result of an unusual approach.
Industrial application is that the claimed solution can be used in mass production.Only a complete combination of these features makes the object subject to patenting.
in respect of subjects having some reservations required.One should distinguish between two concepts - the "subjects of patent rights" and "subjects of patent law."So, the first are those who have been granted a patent.The second combines the authors of the objects of the patent, the patent rights of subjects, bodies carrying out patenting, and representatives of patent cases.
author recognizes an individual who owns a creative idea, embedded in the object of patenting.But the subjects of patent rights are seen as natural and legal persons of the patent.For bodies operating patenting, should include a specialized state institution (usually an agency of intellectual property), engaged in the acquisition of patent applications and issuing them.And representatives of patent cases are persons who, on the basis of a license may be of interest in the organ of patenting.As can be seen, the subjects of patent rights are only part of the subjects of the institution.
Patent law - what is the protection?
So, face a situation in which he developed the idea falls into the legal field of patenting.It has the right to leave any objects of patent rights without state registration, or to pass such and to be protected from illegal encroachments.
In the absence of patent person can not rely on government patronage.Such is the specificity of the objects of industrial property rights.And because he still must register with the state and obtain a patent.In this and only in this case, the patent law provides a person the right to protect their interests in court.
What requirements may nominate patent?The first is to stop the illegal use of the object recognized by the State.Secondly, it is compensation for material damage and, in some countries, and moral.Third, it is official recognition of the damage to business reputation, and an apology for such fact.
Thus, knowledge of the legal foundations of patenting will effectively protect intellectual property rights in the business.
