Lecture
Art. 4 of the Patent Law. 1. Protection as an invention is granted to a technical solution in any field relating to a product (in particular, a device, a substance, a strain of a microorganism, a culture of plant or animal cells) or to a method (a process of carrying out actions upon a material object by material means). An invention is granted legal protection if it is new, involves an inventive step and is industrially applicable.
An invention is new if it is not known from the state of the art.
An invention involves an inventive step if, for a person skilled in the art, it does not obviously follow from the state of the art.
The state of the art includes any information that has become publicly available anywhere in the world before the priority date of the invention.
In establishing the novelty of an invention, the state of the art also includes, provided they have an earlier priority, all applications for inventions and utility models filed in the Russian Federation by other persons, the documents of which any person is entitled to consult in accordance with paragraph 6 of Article 21 or part two of Article 25 of this Law, as well as inventions and utility models patented in the Russian Federation.
An invention is industrially applicable if it can be used in industry, agriculture, health care and other fields of activity.
A disclosure of information relating to an invention by the author, the applicant or any person having obtained that information from them directly or indirectly, as a result of which information about the essence of the invention became publicly available, is not deemed a circumstance precluding recognition of the patentability of the invention, provided that the application for the invention is filed with the federal executive body for intellectual property no later than six months from the date of the disclosure of the information. The burden of proving this fact rests with the applicant.
2. The following, in particular, are not considered inventions within the meaning of the provisions of this Law:
discoveries, as well as scientific theories and mathematical methods;
solutions concerning only the outward appearance of articles and aimed at satisfying aesthetic needs;
rules and methods of games, of intellectual or economic activity;
programs for electronic computers;
solutions consisting solely in the presentation of information.
Under this paragraph, the possibility of classifying the said subject matter as inventions is excluded only where the application for the grant of a patent for an invention concerns the said subject matter as such.
3. The following are not recognised as patentable within the meaning of the provisions of this Law:
plant varieties, animal breeds;
topographies of integrated circuits;
solutions contrary to the public interest and to the principles of humanity and morality.
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