Lawpractice

Patent

The term «patent,» or «invention,» refers to any innovative solution to technical problems, which may relate to products, methods, or processes—either entirely new or improved versions of existing functions or technologies.

The patent protects inventions, i.e., creations that aim to solve existing technical problems in a way not known at that time, which goes beyond the level of the prior technical standards, and without the need for further research.

It is obvious that the entrepreneur who will invent and secure the protection of a new creation that will meet the needs of the purchasing public should protect it so that he can exploit it. This is how technology evolves. For example, in the 19th century, many inventors avoided showing their inventions to the public at various exhibitions, fearing that their competitors would steal their ideas. However, with the legal protection of new inventions, this risk disappeared and technology continued to evolve at a faster pace.

It is clear that the personality of the inventor who has invested effort and resources in the development of an invention must also be protected, as without such protection the incentive to develop new ideas is lacking. Therefore, the «patent» is protected by the Patent Certificate (PC), i.e., a title of protection by which the inventor acquires the exclusive right to use his «patent», prohibiting third parties from using it.

The Patent Certificate is valid for 20 years and is granted to the holder for inventions that are new, involve an inventive activity, are industrially applicable, and are not contrary to public order or morality, i.e.:

an invention is new when it does not form part of existing technical knowledge;
an invention is considered to involve inventive activity if it is not obvious to someone skilled in the relevant field of technology and does not arise from existing technical knowledge;
an invention is considered industrially applicable if it can be manufactured or used in industry, craftsmanship, agriculture, fish farming, or services.

The Patent Certificate (PT) states who declared the invention, and when exactly they declared it. However, it should be noted that the following are not considered inventions and are not protected by a patent:

discoveries, scientific theories, and mathematical methods;
aesthetic creations;
designs, rules, and methods for performing intellectual activities, for games, or for conducting economic activities, as well as computer programs;
presentations of information;
biotechnological inventions limited to specific plant varieties or animal breeds;
biological methods for producing plants or animals;
the human body or the discovery of any of its constituent elements, including gene sequences;
human cloning methods;
methods of modifying the genetic identity of humans;
use of human embryos for industrial or commercial purposes;
methods of modifying the genetic identity of animals that cause suffering without substantial medical benefit for humans or animals, and animals produced through such methods.

The procedure for obtaining a Patent Certificate involves the following steps:

filing the application accompanied by the necessary documents;
a 4-month deadline to correct any deficiencies;
examination of novelty and inventive activity, with a research report prepared by the competent authority;
a 3-month deadline for the applicant to submit comments on the report;
the preparation of a final research report with a reasoned opinion;
the issuance of the Patent Certificate, which is obtained and maintained in force by paying the corresponding fees to the relevant authority.