scholarly journals How to get a patent for invention. Recommendations for drawing up application materials

2021 ◽  
Vol 20 (4) ◽  
pp. 66-74
Author(s):  
O. I. Tarasova ◽  
A. A. Ryzhova ◽  
M. I. Savinova ◽  
V. D. Borodin
Keyword(s):  
Russian Federation ◽  
Patent Law ◽  
Legal Basis ◽  
Efficiency Criterion ◽  
Medical Area ◽  
Commercial Use ◽  
Invention Patent ◽  
State Registration ◽  
Stated Purpose ◽  
Patent Validity

Availability of patents for inventions is a significant indicator of innovative activity in scientific research organization, one of efficiency criterion of its work, creates legal basis for integration innovations into practice and future commercial use. Not every inventor can formulate the point of his invention and describe it correctly according to demands of current legislation.Objective is to help a beginning inventor to form description and formula of invention correctly, to provide information, necessary for giving patent’s application.Recommendations for drawing up a claim according to the patent law of Russia are present in the article with an accent on inventions in the medical area. Conditions of patentability, objects of invention, patent validity periods have been considered. Conditions of creation companies’ inventions have also been highlighted. In the article the demands to a content of applications, structure of description, formula and an abstract of invention have been disclosed in details in compliance with “The Rules of drawing up, applying and considerations of papers (documents), which are the basis for performing legally significant actions in accordance with State registration of inventions” and “Demands to documents of an application of patent of invention”, approved by the Order Minister of Economic Development of Russian Federation, dated on 25.05.2016 No. 316. The example of description of invention in the medical area is given in order to illustrate an invention prototype.According to patent legislation of Russian Federation, a protection is provided to technical decision, which is new, not evident for a specialist in a given filed and is fully revealed in description of an invention in an amount, that is enough for its reproduction, and realization of a stated purpose is confirmed by materials of application. Formula of application must be totally based on a description.

Role of Regulatory Acts in Creation of a Democratic State

2020 ◽  
pp. 82-86
Author(s):  
R. F.o. Veliev
Keyword(s):  
Russian Federation ◽  
Legal Norm ◽  
Legal Basis ◽  
Democratic State ◽  
The Russian Federation ◽  
A Current

A current theoretical and practical legal basis for creation of regulatory acts in the Russian Federation is discussed. A current relationship between the issued regulatory acts and some criteria of legal norm classification is shown. Legalization of the President address to the Parliament of the Russian Federation as a substantial element of the legal norm-making in a democratic state is revealed.

Innovative Road — a High-Risk Area

2020 ◽  
Vol 144 ◽  
pp. 136-141
Author(s):  
Aleksei F. Renkel’ ◽  
Keyword(s):  
High Risk ◽  
Research And Development ◽  
Russian Federation ◽  
Education System ◽  
Patent Law ◽  
Risk Area ◽  
High Risk Area ◽  
Foreign Experience ◽  
The Russian Federation

At present the education system in the Russian Federation does not include any program teaching the basics of patent law on inventions, therefore protection of copyright holders in courts is very problematic. The article analyzes foreign experience of patent law on inventions, provides examples of implementing research and development results.

New draft Federal law "Land Management" Is full of flaws

2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  
Keyword(s):  
Natural Resources ◽  
Land Management ◽  
Russian Federation ◽  
Industrial Complex ◽  
Federal Law ◽  
Land Relations ◽  
The Russian Federation ◽  
The Government ◽  
Wide Experience ◽  
State Registration

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.

scholarly journals Constitutional-Legal and Administrative-Legal Bases of the Status of Migrants

2020 ◽  
Vol 6 (2) ◽  
pp. 263-267
Author(s):  
S. Popova ◽  
Yu. Chernov
Keyword(s):  
Russian Federation ◽  
Social Order ◽  
Theoretical Aspect ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Current State ◽  
The Status ◽  
Internal Migrants ◽  
The Russian Federation

The study of the constitutional and legal basis of the status of migrants will allow to determine and summarize the rights and obligations of these persons, which significantly affect the formation of legal social order. This article discusses the constitutional, legal and administrative basis of the status of migrants, regulated by the legislation of the Russian Federation. Considering the issue of the current state of the migration legislation of the Russian Federation, the theoretical aspect of migration as the mobilization of people to change their permanent residence is highlighted. The causes of this phenomenon and the classification of categories of migrants are determined. The definitions of external and internal migrants are differentiated, on the basis of which the constitutional norms of foreign persons who entered the territory of the Russian Federation are further studied. According to Federal laws, the basic rights and obligations of immigrants who entered the Russian Federation for different definitions of reasons and circumstances are distinguished. The article considers the administrative and legal basis of the status of migrants in the context of violation of the rule of law according to the norms of the Code of administrative violations. The Institute of citizenship is singled out as a status that directly affects the scope of individual rights and freedoms, which allows it to be singled out as a special status of a migrant. In conclusion, the above topic is summarized.

scholarly journals Risks of acts of terrorism and specific features of their estimation

2019 ◽  
pp. 198-210
Author(s):  
N. P. Tikhomirov ◽  
A. V. Novikov
Keyword(s):  
Russian Federation ◽  
National Economy ◽  
Multiple Choice ◽  
Probability Estimation ◽  
Legal Basis ◽  
Global Community ◽  
Economic Stability ◽  
The Russian Federation ◽  
High Level

The article studies specific features of relatively new risks of declining the level of social and economic stability of states due to acts of terrorism and approaches to their estimation and prevention. Specificity of these risks are shown, which are connected with unlimited spheres of activity and methods of terrorists, vagueness of their reasoning and so on, which determines the high level of uncertainty in probability estimation, damages and other consequences of their activity. The structure of damages was systemized, within the frames of which direct and indirect damages in different fields of national economy and population of global community were identified. Estimation of such damaged which took place in different countries was provided. Unique characteristics of risks of terroristic attacks were given, which differ from other types of economic risks and predetermine the necessity to develop specific steps and strategies of their prevention. Key lines in the activity aimed at reducing risks of terroristic threats were discussed that stipulate disclosing basic factors promoting their appearance, estimation of conditions and trends in their development and elaboration of methods counteracting such threats. Legal basis of counteracting terrorism in the Russian Federation was considered that imply strengthening the role of state in the struggle against this phenomenon, for example by allocation of necessary finance resources directed to the development of accessible network of information, to the improvement of objects’ safeguarding, insurance protection of the population and other lines in anti-terrorist activity. The author discusses possible approaches to estimation of probability of terroristic attacks by using binary and multiple choice with regard to indicators showing conditions of their conducting.

scholarly journals Quo Vadis Patent Litigation: Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - In Search of the Bigger Picture on Patent Validity

2021 ◽  
Vol 24 ◽  
pp. 1-14
Author(s):  
Bonginkosi Shozi ◽  
Yousuf Vawda
Keyword(s):  
Public Interest ◽  
Animal Health ◽  
Patent Law ◽  
Constitutional Court ◽  
Patent Litigation ◽  
High Court ◽  
Res Judicata ◽  
Quo Vadis ◽  
Patent Validity ◽  
Validity Of A Patent

In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the validity of a patent and, as it concerns issues that go the heart of patent law, the judgment potentially has far-reaching implications for patent litigation in South Africa. At issue was the question of whether a court's finding of patent validity on one ground in a revocation hearing ought to have a bearing on a subsequent infringement hearing on the same patent, to the extent that the alleged infringer is barred from raising a different ground to attack the validity of a patent. In essence, did the attempt to do so offend the principle of res judicata? This was a direct appeal to the Constitutional Court after the High Court ruled that it did so offend, and the Supreme Court of Appeal refused leave to appeal. The Constitutional Court was deadlocked on this issue, with the result that the decision of the High Court refusing Ascendis' application to amend to introduce a new ground of attack stands, and the res judicata objection was upheld. The decision raises important questions about the application of the principle of res judicata in such cases where the Patents Act allows dual proceedings for revocation and infringement actions, the meaning of provisions of the Act as they relate to the certification of patent claims, and the broader public interest considerations implicated in patent law adjudication. This note observes that while the outcome sends a strong signal about the courts' displeasure at attempts to prosecute "repeat litigation", an unsatisfactory outcome is that patents can apparently be validated on the basis of merely one of the mandatory requirements for patent validity as required by the Act. It argues that such an outcome is undesirable and does not serve the public interest. This is because it closes the door to further challenges while potentially thousands of patents, which would not have passed the validity test had they been subjected to substantive examination, remain on the patent register.

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