Invention Patentability Criteria
According to Article 1350 of the Civil Code of the Russian Federation the protectable inventions include a technical solution in any field related to the product (e.g. device, substance, microorganism strain, cell culture of plants or animals) or process (processing of a tangible item using any means).
The invention shall be legally protected, if it meets three protectability criteria:
- inventive step;
- industrial application.
∨ The invention is novel, if it is not a known state of the art, i.e. data on it is not published in any public sources before the priority date. When determining the novelty of the invention, all patent applications filed by other entities in the Russian Federation for inventions and utility models together with public documents accessible by any person, as well as inventions and utility models patented in the Russian Federation shall be included in the state of art, provided the date of their priority is earlier.
The invention has an invention step, if expert believes that it is not included in the sate of art.This means that the expert should not just have the relevant special scientific and/or technical knowledge, but make a “step” to the next level.
∨ The invention is industrially applicable, if it can be used in production, agriculture, healthcare and other industries of economy or social area.
Inventions do not include (in general):
2) Scientific theories and mathematical methods;
3) Solutions related to design of items and aimed at satisfying the esthetic needs;
4) Rules and methods of games, intellectual or business activities;
5) PC software;
6) Solutions related to provision of information.
Legal protection is not provided to:
1) Breeds of plants, animals and biological development methods, except microbiological methods and items produced by such methods;
2) Integrated circuit layouts.