Patenting of inventions and utility models

ИЗ

clause 1, Art. 1350 of the Civil Code RF:

An invention is protected as a technical solution in any field related to a product (in particular, a device, substance, strain of microorganism, culture of plant or animal cells) or a method (process of performing actions on a material object using material means), including the use of a product or method for a specific purpose.
Legal protection is granted to an invention if it is new, involves an inventive step, and is industrially applicable.


ПМ

clause 1, Art. 1351 of the Civil Code RF:

A utility model is protected as a technical solution related to a device.
Legal protection is granted to a utility model if it is new and industrially applicable.

The following are not inventions/utility models, in particular:

1) discoveries;

2) scientific theories and mathematical methods;

3) solutions concerning only the appearance of articles and aimed at satisfying aesthetic needs;

4) rules and methods of games, intellectual or economic activities;

5) computer programs;

6) solutions consisting solely in the presentation of information.

Legal protection is not granted as an invention/utility model:

1) to plant varieties, animal breeds, and biological methods for obtaining them, i.e., methods consisting entirely of crossing and selection, except for microbiological methods and products obtained by such methods;

(2) to topographies of integrated circuits

Obtaining exclusive rights to the patented solution throughout the territory of the Russian Federation.

The ability to prohibit unauthorized use of the patented solution by third parties.

Granting a license for use in return for remuneration.

The ability to make the patent a subject of pledge, contribute it to the charter capital.

The ability to sell it to an interested party.