Subjects of protection

In compliance with the effective legislation, the subjects of an invention shall be “product”, “mode”, and “application”.

In this connection, the term “product” should be understood as a subject - result of human labour, and the term “mode” as a process, a technique or a method of performing interrelated actions with an object (objects), the term “application” as application of a “product” or a “mode” for a specified purpose.

In particular, subjects of an invention shall be a device, a mode, a substance, a biotechnological product, as well as application of a device, a mode, a substance, a biotechnological product for a specified purpose.

A device shall mean structures and products; blocks, mechanisms or assembly of interrelated elements, blocks, and mechanisms.

A mode shall mean operations or a complex of interrelated operations with tangible objects and with the help of tangible objects. A mode may be characterized as an engineering process, which operations are necessary and sufficient for receipt of a certain product.

The following types of modes may be distinguished.

• Modes aimed at product manufacture.
• Modes aimed at changing the condition of material objects without receipt of specific products (transportation, processing, adjustment etc.)
• Modes, in the result of which the condition of material objects will be determined (control, measurement, diagnostics etc.).

The distinctive feature of a mode as the subject of an invention is that the effect of the patent granted for such mode shall cover also the product manufactured directly by such mode.

A substance shall mean an artificially created aggregation of interrelated ingredients: chemical compounds that also include high-molecular compounds and products of genetic engineering, compositions (formulations, mixtures), and nuclear transformation products.

Biotechnological products shall mean products isolated from their natural environment or received otherwise:

1) living objects, namely, plants, animals, strains of organisms, cell cultures of plants and animals;

2) non-living objects, namely, hormones, cytokines, ferments, antigens, antibodies, nucleic acid sequences, plasmids, vectors and others excreted from plants, animals or microorganisms or received otherwise.

Application of the specified subjects for a new purpose shall mean that a device, a mode, a substance, a biotechnological product is supposed to be utilized for a purpose, which they have not been utilized for earlier. The essence of inventions for application for a new purpose consists in establishing new features of already known objects and determining new spheres for their utilization.

WILL NOT BE RECOGNIZED AS INVENTIONS:

The following creative solutions will not be recognized as patentable inventions:

• scientific theories and mathematical methods;
• solutions, concerning only external appearance of products aimed at satisfaction of aesthetic needs;
• plans, rules and methods of intellectual activity, conducting games or conducting business, as well as computer programs;
• simple presentation of information.

Named objects and activities are not considered as inventions in accordance with this Law only if the application for an invention concerns only these objects and activities as such.

THE LEGAL PROTECTION FOR THE INVENTION IS NOT PROVIDED TO:

• plant varieties and animal breeds;
• integrated circuit topologies;
• not recognized as patentable methods of providing medical care (medical prevention, diagnostics, treatment, medical rehabilitation and prosthesis), as well as inventions that are contrary to public interests, principles of humanity and moral.

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