What is an industrial design?
Similarity of patent law in the Russian Empireemerged in the late 18th century. At that time, the first "privilege" for the invention was issued. The first law that regulated these relations appeared in 1812, which we overtook China for many years, where patent legislation appeared only in 1984.
The modern patent law of the Russian Federationis based on the 72nd chapter of the Civil Code. Here you can find the definition of patent rights, according to which those who created a useful model, invention or industrial design, belong to the rights of authorship, exclusive rights, as well as the right to obtain a patent or a fee for use.
The industrial design has some differences from other objects of patent law - invention or utility model. They are as follows:
- an invention is a solution of a technical plan in any field that relates to a product or method;
- useful model - this is also a technical solution, but which applies only to devices (and the invention may be in the field of, for example, agricultural crops);
- industrial design, an example of which isThe original bottle "Sprite", is both a design and artistic solution. It is recognized as original and subject to protection if the ornament, color combination, shape or configuration of the object were not known in the world prior to the priority date of the claimed sample.
In accordance with the laws of our countryindustrial designs can not be unstable formations (from liquid substances, etc.), solutions that are caused only by the technical component of the object, as well as objects of architecture (except for small ones), stationary structures of industrial and other plan.
In order for the object of patent law to beit is recognized that it is necessary that the industrial design, invention or model be properly registered. For these purposes, you can apply to the Institute of Industrial Property (Federal) or contact a patent attorney who is better oriented in the peculiarities of very voluminous and complex legislation. In particular, this refers to the compilation of aggregate attributes of an object.
A patent for an industrial design implies,that, in addition to the application, such documents as the description of details of the industrial design, the listing of essential features and a set of images of the object will be submitted. In addition, you need to pay a fee for consideration (no less than 2100 rubles.) At the institute, the proposed sample will be subjected to two examinations - formal and in essence. As a result, the first object will be recognized or not recognized by appropriate formal characteristics. Then the presence or absence of the necessary originality and originality will be established.
With positive developments onan industrial design is issued a patent, and its holder receives exclusive rights from the date of publication of information on the issuance of the document. For the maintenance of the patent competent it is necessary to pay a duty, which increases slightly from year to year. For example, the patentee holding the patent for the third year must pay 300 rubles a year, and in 12 years this amount will increase to 1200 rubles.