similarity of patent law in the Russian Empire emerged in the late 18th century.At the time, it was given the first "privilege" for the invention.The first law, which regulates these relations came in 1812, in what we are for many years ahead of China, where patent law appeared only in 1984.
modern patent law of the Russian Federation is based on the 72th chapter of the Civil Code.Here you can find a definition of patent rights, according to which those who have created the utility model, invention or industrial design, owns the rights of authorship, the exclusive rights, and the right to obtain a patent or compensation for the use.
industrial design has some differences from other objects of patent law - the invention or utility model.They are as follows:
- invention - the decision of the technical plan in any sphere, which applies to any product or process;
- utility model - it is also a solution to a technical orientation, but that applies only to devices (and the invention can be in, for example, crops);
- industrial design, an example of which is the original bottle of "Sprite" is both a design and artistic solution.He recognized the original and must be protected if ornament, color combination, shape or configuration of the object were not known in the world before the priority date of the claimed sample.
In accordance with the laws of our country's industrial designs may not be unstable formation (of liquids, etc..), Solutions that are caused by only the technical component of the object, as well as objects of architecture (except small), fixed structures for industrial and otherplan.
To the object of a patent right has been recognized, it is necessary that the industrial design, invention or model were properly registered.For these purposes, you can apply to the Institute of Industrial Property (Federal) or contact a patent attorney who is versed in the peculiarities of very lengthy and complex legislation.In particular, this applies to drawing up a set of attributes of the object.
patent for an industrial design means that, in addition to the application will be submitted documents, such as the description of the details of the industrial design, the transfer of the essential features and a set of images of the object.In addition, the need to pay the fee for the examination (no less than 2100 rubles.) The Institute has proposed sample will be subjected to two examinations - the formal and substantive.As a result, the first object to be recognized or not recognized by the relevant formal grounds.Then, it is determined the presence or absence of the required sample of originality and novelty.
With the positive developments in the industrial design patent shall be issued and the holder receives gego exclusive right from the date of publication of the issuance of the document.For the maintenance of the patent should be capable to pay a fee, which is a slight increase from year to year.For example, the patent, the patent holding its third year, must pay the sum of 300 rubles a year, and after 12 years, this amount will increase to 1200 rubles.
