Patent

Article

July 5, 2022

A patent is a document that certifies the authorship of an invention and the exclusive right to use it for a certain period of time.

General description

A patent is issued by the state patent office to the inventor or his legal successor. The effect of a patent extends only to the territory of the state in which it was issued. The term of validity of a patent is established by national legislation (as a rule, 15–20 years). A patent can be declared invalid in court on a statutory basis. Closely related to the concept of a patent is the legal term "patent purity", which means that a machine, device, technological process, material, product, etc. can be used (manufactured, imported for sale) in this state without violating the rights of the patent owner. In a broad sense, "patent" is a set of exclusive rights to use an invention, utility model or industrial design, which the state guarantees to the patent owner, that is, the inventor or a person to whom the inventor has transferred exclusive property rights. The granting of exclusive rights by the state is carried out for a predetermined period of time in exchange for a controlled and public disclosure by the patent owner of the essential features of the invention. In a narrow sense, a "patent" is a protective document certifying the priority, authorship and ownership of an invention. The term "patent" comes from the Latin word "patere", which means "to put for inspection" (that is, to make available to the general public), as well as from the phrase "letters patent", which in the Middle Ages meant a document issued by a monarch or government to certify that that a certain person or enterprise has exclusive rights or a monopoly on a certain type of activity.

Legal mechanism of action

A patent is valid on the territory of the state that issued it. A patent can be issued in the name of the author or another natural or legal person. A patent gives the right holder the exclusive right to prohibit others from using the patented solution. Only the patent owner can give consent to use the solution or transfer exclusive property rights to use the patent. However, a patent does not necessarily give the inventor the right to use the patented invention. In the event that a patent is issued for an improvement to an invention that is protected by a patent