1. Concepts

An patent is a technical solution in the form of a product or process that solves a specified problem by applying natural laws.

Patents are protected exclusively in the form of an patent patent or utility solution patent.

2. Technical solution

Technical solution – an object protected as an patent is a necessary and sufficient set of information on technical ways and/or technical means (application of natural laws) to solve a problem. defined task (a problem).

Technical solutions may fall into one of the following forms:

(i) Products:

– products in the form of physical objects, e.g. tools, machines, equipment, components, electrical circuits, etc., represented by a set of information identifying a man-made product characterized by marks technical marks (features) of structures, products that function (uses) as a means to meet certain human needs; or

– products in the form of substances (including elements, compounds and mixtures of substances), e.g. materials, substances, foods, pharmaceuticals, etc., represented by a collection of information identifying a product artificial character characterized by technical signs (characteristics) of the presence, proportions and states of elements, which function (use) as a means of satisfying certain human needs People; or products in the form of biological material, for example genes, genetically modified plants/animals, etc., represented by a collection of information about a product containing genetic information that has been altered under the influence of the action. of humans, capable of self-regeneration;

(ii) Process or method (manufacturing process; method of diagnosis, prediction, inspection, processing, etc.) represented by a set of information that defines how a process is to be carried out, a specific job is characterized by signs (characteristics) of the sequence, participants, methods and means of performing operations to achieve a certain goal.

3. Protection conditions

An patent is protected in the form of a patent if the following conditions are met:

– Has novelty;

– Have a creative level;

– Capable of industrial application.

An patent is protected in the form of a utility solution patent if the following conditions are met:

– Has novelty;

– Not common sense;

– Capable of industrial application.

4. Objects not protected in the name of patent

Objects that are not protected in the name of patent are specified in Article 59 of the Intellectual Property Law. Detail:

– Patents, scientific theories, mathematical methods;

– Diagrams, plans, rules and methods for performing mental activities, training pets, performing games, doing business; Computer Programs;

– The manner in which information is presented;

– The solution is only aesthetic;

– Plant varieties, animal breeds;

– The production process of plants and animals is mainly biological in nature and is not a microbiological process;

– Methods of prevention, diagnosis and treatment of diseases in humans and animals.