Patent law - the protection of industrial property

The rapid growth of production and trade in the late nineteenth century led to the development of a new institution of law - industrial property. In it the patent right was organically entered. To date, it is considered in two ways. The former presents it as a union of all rights to a patent, including the right to defense. This is a subjective approach to the definition. The second direction suggests that patent law is an institution that is aimed at the legitimate definition and regulation of certain objects of patent law. Apparently, this approach considers the above-mentioned industry in an objective sense. And this article is devoted to him.

Objects and subjects of patent law

Disclosure of each institution of law is achieved through the designation of its objects and subjects. The same approach is used by lawyers, whose subject is the patent and its legal regulation.

In science, the objects of patent law are defined quite clearly. These include industrial design, invention and utility model. At the same time, both legislation and scientists in the field of jurisprudence sing out the mandatory characteristics that an object should possess, namely: novelty, industrial application and inventive step.

The novelty lies in the fact that the object does not, by its technological level, repeat and exceed the already existing one.

The inventive level is aimed at the creative solution of the task, that is, The object arose as a result of applying an unusual approach.

Industrial application lies in the fact that the patent solution can be applied in mass production. Only a complete combination of these characteristics makes the object subject to patenting.

Some mandatory reservations arise with respect to subjects. It is necessary to distinguish two concepts - "subjects of patent rights" and "subjects of patent law". So, the first represent the persons to whom the patent was granted. The second group includes authors of patent objects, subjects of patent rights, patent enforcement bodies, and representatives of patent cases.

The author recognizes an individual who owns a creative idea, invested in the object of patenting. But the subjects of patent rights are both physical and legal entities that have a patent. To the bodies carrying out the patenting, it is necessary to include a specialized state institute (usually an agency on intellectual property), dealing with applications for the acquisition of a patent and issuing them. And representatives of patent cases are persons who, on the basis of a license, can represent interests in the patenting body. Apparently, subjects of patent rights are only part of the subjects of the institution under consideration.

Patent law - what is protection?

So, a person has a situation in which the idea developed by him falls into the legal field of patenting. It has the right to either leave the objects of the patent right without state registration, or pass through it and get protection from illegal encroachments.

In the absence of a patent, a person can not count on state intercession. This is the specificity of all objects of industrial property law. So he still needs to pass the state registration and get a patent. In this and only in this case, patent law grants a person the right to protect their interests in the court.

What requirements can the patent owner put forward? Firstly, it is the cessation of the illegal use of an object recognized by the state. Secondly, it is compensation for material damage, and in some countries, moral. Thirdly, it is an official recognition of the fact of causing damage to business reputation and making an apology for this fact.

Thus, knowledge of the legal foundations of patenting will effectively protect intellectual property rights in entrepreneurship.