Patent law - defines the rights of the patent owner and, first of all, the exclusive right to use objects of industrial property (patent monopoly), the procedure for granting the rights of the patent owner and considering disputes about patent infringement.

Non-exclusive license - when the patentee retains the right to transfer the license to different parties.

Simple license - a license when the patentee claims the right to transfer the license to different persons.

Sale of an invention patent - transfer of exclusive rights to a patent. In this case, the holder of the title of protection fully or partially transfers the above-mentioned rights to the buyer.

Patent holder - in whose name the patent is issued.

Author of the invention - the author of the invention, utility model, design, but not the patentee. He is cited as the author in the patent.

Licensor - a person who grants a license to a patentee, a person who grants the right to use his invention for industrial purposes. patent holder.

Licensee - the person to whom the license is transferred.

Unity of invention - the application must relate to a single invention or a group of inventions so related that they form a single inventive concept.

Evergreen patents - for example, pharmaceutical companies obtain after the expiration of the basic registration by making small changes in the composition or dosage of the drug.

Umbrella patent - is a patent whose formula in the independent (main) claim contains the most generalized description with the minimum number of essential features, and the dependent claims list the features that explain and specify the independent claim. Or if it is not possible to manufacture with the level of technological development, it will be patented in the future. For example, during Leonardo's time, an airplane could not be made either physically or intellectually.

Exclusive license - an agreement according to which the licensee is granted the right to use the result of intellectual activity or means of individualization without preserving the licensee's right to grant a license to other persons.

Use of Patents - The main function of a patent is to provide legal protection for intellectual property. Any unauthorized use of the invention or other patented intellectual property is subject to civil or criminal penalties.

License agreement - is a means of disposing of an exclusive right, a civil law agreement, according to which one party - the owner of the exclusive right to the result of intellectual activity or the means of individualization gives or undertakes to give the other party the right to use such a result or means a sample within the limits provided by the license agreement. Accordingly, the license agreement may provide for copyright, patent, related and other rights.

The International Patent Classification (IPC) - established by the 1971 Strasbourg Agreement, provides a hierarchical system of language-independent indexes for the classification of patents and utility models according to the different fields of technology to which they relate. A new version of the IPC comes into force on January 1 of each year.

International preliminary examination - the purpose of the international preliminary examination coincides with the purpose of the written communication at the international search stage, namely compliance with the requirement of unity of invention, compliance with the criteria of the claimed invention or group of inventions. Novelty, inventive step (non-obviousness) and industrial.

International Classification of Industrial Designs - is a way of classifying industrial designs in alphabetical order, as well as according to a predetermined set of classes and subclasses. It was established by the Locarno Agreement in 1968 and is constantly reviewed by the Locarno Union Committee of Experts.

Substantial examination of the application - checking the compliance of the invention with the requirements and conditions of patentability; consideration of additional materials submitted by the applicant at the request of the patent; Consideration of the applicant's response to Rospatent's notice on the results of the patentability examination of the claimed invention; consideration of the application for withdrawing the application, if such an application is submitted by the applicant; Consideration of an application for transformation into a utility model application or an industrial design application, if such an application is submitted by the applicant.

Simple (non-exclusive) license - an agreement according to which the licensee is granted the right to use the result of intellectual activity or means of individualization, while retaining the licensee's right to grant the license to other persons.

Alienation of a patent - involves the seller losing the right to use the patent in business. If the copyright owner transfers only part of the rights, this can only be done under a license agreement.

The Paris Convention for the Protection of Industrial Property is the oldest international agreement and the main document for the protection of industrial property in its member states. The Convention was adopted in Paris on March 20, 1883 and subsequently revised several times.

Patent purity - (patent legal flawlessness, legal integrity) is the object (technology, design, machine, production method, etc.) patent rights on this object. If the object is imported into the territory where the third party's patent rights on it are valid, the object can be confiscated (detention). , and object owners may be subject to fines, sanctions, or claims for damages. Typically, patent purity is determined in relation to a particular state or group of states. Due to the territorial nature of patent limitations, the patent purity of the same technology can vary significantly from country to country.

Patent examination - is the conclusion of an independent expert regarding the similarity of two intellectual property objects. The procedure shows whether any object violates the rights of others.

Patent research - is the study of the technical level and development trends of objects of economic activity, their patentability and purity of the patent, competitiveness (effectiveness of the intended use) based on the patent and other information.

Patent holder - is a natural or legal person who owns a patent for an invention, utility model or industrial design.

Patentability is the compliance of the declared object of intellectual property with certain criteria established by law. Patentability criteria apply to the following objects of intellectual property: invention, utility model and industrial design.

Utility model - is an intangible object of intellectual rights (technical solution), similar to an invention, related to a device. For utility models, less stringent patentability conditions, shorter deadlines and a simplified application review procedure are established. The price of these advantages is a reduced patent validity period of 10 years (from 2014 - no possibility of extension)

Industrial design - is a decision about the appearance of an industrial or handmade product. An industrial design is granted legal protection if its main features are new and original. The main characteristics of industrial design include the characteristics that determine the aesthetic characteristics of the appearance of the product, namely the shape, configuration, ornament, combination of colors, lines, contours of the product, texture or texture of the product material. Characteristics of a product defined solely by its technical function are not protected characteristics of an industrial design. An industrial design is new if the totality of its essential features, which are depicted in images of the appearance of the product, are not known from information that has become public in the world before the priority date of the industrial design. An industrial design is original if its essential features are due to the creative nature of the product's features, in particular, if according to the information that became public in the world before the priority date of the industrial design, there is a solution to the appearance. A product with a similar purpose is unknown, which leaves the same general impression on the informed consumer as the industrial design depicted in the images of the appearance of the product.

Prototype - an existing real working thing that is the source of inspiration for a new invention.

Regional patent - a patent issued by a national or intergovernmental authority that has the right to grant patents valid in more than one state. A regional patent is a patent issued under a regional convention by the relevant patent office. A regional patent confirms the protection of the patent holder's intellectual rights in all participating countries, in some cases after a special confirmation procedure. Regional patents include patents issued under the European Patent Convention (EPC), Eurasian Patent Convention (EAPC), African Regional Intellectual Property Organization (ARIPO), African Intellectual Property Organization (API), Arab Cooperation Council Patent Procedures. Office Gulf (GCC)

Royalty Formula - The compensation that the licensee pays to the licensee under the terms of the license agreement. Royalties and flat fees are two types of payments that a startup entrepreneur makes to use the brand and business model of a successful franchise company. The difference between them is their regularity: a lump sum must be paid once, while the royalty is a monthly expense. Royalties can take various forms: as a percentage of revenue, as a fixed fee, or as a percentage of the purchase price of the product. To learn all about Russian franchising royalties, read this article to the end.

Collective invention - an invention, a utility model or an industrial design created by an employee in connection with the performance of his work duties or a specific task of the employer is recognized as a service invention, a service utility model or a service industrial design, respectively.

Technical result of the invention - is a technical effect, phenomenon, property, etc. A characteristic that is objectively manifested during the implementation of the method or during the manufacture or use of the product, including directly using the product obtained by the method of the invention.

Court of Intellectual Property - The Court of Intellectual Rights is a specialized arbitration court that, within the scope of its competence as a court of first instance and cassation, examines cases on disputes related to the protection of intellectual rights.

Violation of patent rights - Violation of patent rights is the illegal use of a patented development related, in particular, to the import, manufacture, sale, offer for sale or storage of objects (product, article, etc.). A complete repetition of an independent claim of a patented solution is a direct patent infringement. Even if the infringer has "modified" the solution by adding an additional element, as long as all the functional features described in the patent are preserved, the solution is not considered new. Experts, antimonopoly authorities and courts recognize such a complete reproduction of an existing patent as infringement. Often, patent infringers deliberately take out their own patent to make it harder to ban their product. A new patent is issued for a substantially similar development, but the patent claims indicate different functionality and features of the development. However, the existence of a title of protection cannot be the reason for the liability of an infringer who actually reproduces another's patent. Using a patented solution not independently, but as a component in a composite mechanism or production line, is also a violation of the owner's rights. Even if it is not possible to prove that the protected solution achieves the technical effect described in the patent, the use of the solution may be prohibited. If an industrial design patent is granted, it is considered an infringement to reproduce the design of the patented solution in full or to such an extent as to mislead the purchaser of the product as to whether the product belongs to a particular manufacturer or not. Even if the product protected by the industrial design patent is not produced and sold, but its image (photo, image in which the product stands out) is used to promote other goods or services, such use can be interpreted as a violation of the exclusive rules. Liability for patent infringement depends on the type of infringement, the existence of evidence of use of the patent without the consent of the copyright owner, and the purposes set by the copyright owner. Violators can be punished in different ways. The situation a. Only the patent is infringed. Please note that if your patent is infringed and the infringer indicates its data on the packaging, technical documentation or public offer for sale, the product manufacturer should be held responsible in the first place. This rule is established by the Civil Code and provides for the liability for patent infringement of the person who brings the product into civil circulation. Situation B. Counterfeit product refers to the manufacturer who owns the patent. In cases where, in addition to the infringement of the patent itself, the infringing product indicates that the counterfeit product belongs to the real manufacturer, the seller of such product should be liable. Moreover, the statement, together with the indication of patent infringement, must reflect the fact that the consumer was misled about the manufacturer of the product. For more information about the service, as well as to order services, contact our specialists by calling our offices or fill out the feedback form on the website. Please note that compensation for infringement of exclusive rights is available only in court. In order to recover compensation, in addition to proof of violation of the exclusive rights of the copyright owner, it is necessary to provide information about the extent of the violation. Purpose of bringing to justice: 1) Removal and destruction of counterfeit goods. Required evidence. It is necessary to confirm the existence of a counterfeit product that completely reproduces the product of the legitimate copyright owner, according to the manufacturer, but is not. Contacting the law enforcement authorities for the removal of the goods will require an appropriate court order for the destruction of the goods. 2) Prohibition of the use of the patent in the product. Necessary action for this: a copy of the product purchased on the principle of test purchase, as well as an independent expert opinion, which reflects the fact of patent infringement. How to answer for patent infringement: In order to prohibit the use, the copyright owner can apply to both the Antimonopoly Authorities (FAS) and the courts. However, experts recommend that you contact FAS first. 3) imposition of administrative responsibility, withdrawal of fine. Required evidence: a copy of the product purchased on the principle of test purchase, an independent expert opinion that reflects the fact of patent infringement, evidence of the volume of goods produced and sold. How to answer for patent infringement: The copyright owner has the right to apply directly to the arbitration court, but experts recommend first obtaining a decision from the Antimonopoly Authority (FAS). In particular, FAS will help to complete the process in court in the shortest possible time and prove the volume of goods produced and sold. 4) Restitution of damages caused by the owner of the copyright as a result of illegal use of the patent. Necessary evidence: examination of counterfeit goods, the existence of third-party claims against the copyright holder in connection with the purchase of low-quality goods, which ultimately turned out to be counterfeit. How to answer for patent infringement: recovery of damages is done in court. However, experts recommend that you first get court decisions regarding third-party claims. 5) Enforcing a license to use a patent. For this, a copy of the product purchased on the principle of test purchase is required, as well as an independent expert opinion, which reflects the fact of patent infringement. The goal is achieved through negotiations with the participation of lawyers or mediators.