PATENT LAW, The concept, sources, objects and subjects...


The purpose of studying: the assimilation of the basic provisions of exclusive rights (industrial property) to patented inventions, utility models, industrial designs and selection achievements.

After studying this chapter, the student must:

know that patent law, being the main sub-institution of industrial property as an institution of intellectual property, is a set of civil law norms that perform the same functions as copyright, but only in relation to other results of intellectual activity - inventions, etc. In addition, unlike copyright, exclusive patent rights arise only after the issuance of a patent document for these results; know how to distinguish a utility model from an invention; acquire skills for exclusive patent rights.

Questions for the seminar lesson

1. The concept and sources of patent rights.

2. Objects and subjects of patent rights.

3. Functions of the patent and the procedure for obtaining it. Patent Attorneys.

4. Patent rights, legal limits (boundaries) of their existence, restrictions on their actions and their protection.

5. The right to a selection achievement.

The concept, sources, objects and subjects of patent rights

The concept of patent law and its sources. In the objective sense, patent law is a set of norms regulating property and personal non-property relations arising in connection with the recognition of authorship and protection of inventions, utility models, industrial designs and selection achievements by establishing a regime for their use, endowing authors and other subjects with personal non-property and property rights, as well as the protection of these rights.

In a subjective sense, patent law is a property, personal non-property right of a particular subject associated with a particular invention, utility model or industrial design or selection achievement (hereinafter also referred to as objects of patent law).

The need for patent law is due to the inability to directly protect the results of technical, artistic-design or selection creativity by means of copyright. Unlike the objects of copyright and related rights of the invention, useful models, industrial designs and selection achievements as solutions to certain practical problems are, in principle, repeatable, they can be created independently by different persons. Therefore, the protection of these objects involves the formalization of their signs in the law, adherence to a special procedure for determining priority, testing the novelty and establishing a special regime for their use. Such protection is provided only by patent law.

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