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e-mail: info@patentoffice.by

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.

Not to be recognized as inventions

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

  • scientific theories and mathematical methods;
  • methods of organization and management of economy;
  • conventional symbols, timetables, rules;
  • methods of performance of business operations;
  • algorithms and computer programs;
  • designs and arrangements of structures, buildings, territories;
  • solutions, concerning only external appearance of products aimed at satisfaction of aesthetic needs;
  • topologies of integrated microcircuits;
  • plant varieties and animal breeds;

The subjects specified may not receive legal protection as inventions, as they are not technical solutions of a problem, i.e., not falling within the concept of a device, a mode, a substance or a strain. But it does not mean that the subjects specified are not subject to legal protection in general. The majority of them, at their compliance with the criteria for registration established by legislation, shall be protected as other intellectual property objects, for example, as industrial samples or copyright objects.
One should note separately solutions, contradicting to public interests, principles of humanity and morality. Such solutions may not at all receive legal protection in virtue of express statement in law.

 

Koubriakov, Tseliatsitskaya & Partners, Ltd.   220004 Minsk , avenue Pobediteley, 17, of. 1015, Republic of Belarus.    Tel/Fax: (017) 226 99 34.  License for rendering of legal services No. 02240/1410 issued by the Ministry of Justice of the Republic of Belarus  pursuant to the decision No. 181/1 dated November 29, 2013/span>

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