What is patent protection?

1. Concept:

💡 Patent is a technical solution in the form of a product or process that aims to solve a defined problem by applying natural laws.

💡 Patent is exclusively protected in the form of an invention patent or a utility solution patent.

2. Technical solution:

🏗 Technical solution – the subject matter protected under the name patent is a necessary and sufficient collection of information about technical methods and/or technical means (application of natural laws) to solve the problem. a defined task (a problem).

Technical solutions can be in one of the following forms:

(𝐢) Product

💡 – product in the form of an object, for example tools, machines, equipment, components, circuits…, represented by a set of information that identifies a man-made product characterized by technical signs (characteristics) of structure, that product has the function (use) as a means to meet certain human needs; or

💡 – product in the form of substances (including single substances, compounds and mixtures of substances), for example materials, substances, foods, pharmaceuticals…, represented by a set of information that identifies a product artificial products are characterized by technical signs (characteristics) of the presence, proportion and state of elements, which function (use) as a means to meet certain needs of people. human; or products in the form of biological materials, for example genes, genetically modified plants/animals…, represented by a collection of information about a product containing genetic information altered under the influence of of humans, capable of self-regeneration;

(𝒊𝒊) Process or Method:

 (production process; diagnostic, forecasting, control methods investigation, treatment, etc.) is represented by a set of information that defines how a process is carried out, A specific job is characterized by signs (characteristics) of the sequence, participants, measures, and means of performing operations to achieve a certain purpose.

𝟯. The Protection Conditions:

𝟑.𝟏 Patent is protected in the form of a patent if it meets the following conditions:

  • Novelty
  • Creative level
  • Industrial applicability

The product is protected in the form of a utility solution patent if it meets the following conditions:

  • Novelty

–     Is not common knowledge

–     Industrial applicability

4. Subject matter is not protected as a patent:

Subjects that are not protected as inventions are specified in Article 59 of the Intellectual Property Law. Detail:

– Inventions, scientific theories, mathematical methods;

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

– How to present information;

– The solution only has aesthetic properties;

– Plant and animal varieties;

– Plant and animal production processes are mainly biological in nature and not microbiological processes;

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


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