Inventions
The technical solution of an innovation in any area relating to any product (in particular, device, substance, microorganism molecule, cells of plants or animals) or method (implementation process activities over material object by appliance means) is protected.
Legal protection is provided to an invention if it is new, has innovative value and is industrially applicable.
The invention is new if it is not known from technique level.
The invention has innovative value if for experts it explicitly is unknown from technique level point of view.
Technique level includes any data which becomes generally available before of a priority invention date.
In the case of novelty establishment of an invention technique level and also under the condition of their earlier priority, all applications for patents provision for inventions and useful models submitted in the Russian Federation by other persons whose documents any person according to paragraph 2 article 1385 or paragraph 2 article 1394 clause 4 of the Russian Federation Civil Code, inventions and useful models patented in the Russian Federation has the right to study.
The information disclosure relating to an invention by an inventor, applicant or any person who obtained from them directly or indirectly this information therefore the data of an invention entity has become generally available is not a hindering circumstance of patentability recognition of an invention provided that the application for provision of the patent for an invention is submitted to federal executive authority on intellectual property within six months from the date of information disclosure. The burden of proof that circumstances owing to which disclosure of information does not hinder patentability recognition of invention took place rests on the applicant.
The invention is industrially applicable if it can be used in industry, agriculture, health care, other spheres of the economy or social sphere.
The following are not inventions:
1) discovery;
2) scientific theories and mathematical methods;
3) solutions concerning only the appearance of products and directed to satisfy aesthetic needs;
4) rules and methods of games, intellectual or economic activities;
5) computer programs;
6) solutions consisting the presented information only.
According to the present clause all these objects are not referred to inventions possibility in case the submission for this patent request for an invention concerns these objects per se.
Legal protection as an invention is not provided to:
1) plant varieties, animal breeds and biological receipt methods, except for microbiological methods and products received by such methods;
2) integrated microcircuits topology.