Все новости от 23 июля 2004 г.

Industrial designs in new Patent Law

In the new Patent Law the scope of protection provided by a patent to an industrial design is amended. In accordance with the new Article 3. paragraph 4: "The scope of legal protection provided by an industrial design patent shall be determined by a combination of its essential features as shown on images of the article and presented in the list of essential features of the industrial design." It appears that a "photography" is replaced by an "image," which is broader and encompasses photographs but also computer graphics, drawings, etc. The same relates to the new Article 18 paragraph 2.

Moreover, now an article is understood to mean not only an industrially manufactured product but also a handicraft product, and this significantly expands the group of subject matters in which the artistic and technical solutions may be protected as industrial designs. In accordance with the new Article 6. paragraph 1 the conditions of patentability of an industrial design are novelty and originality. Removal of "industrial applicability" condition means that an application for an industrial design cannot be rejected because it is not possible to reproduce the industrial design many times by manufacturing a corresponding article.

A list of the essential features of an industrial design is also presented in the said Article: "Features determining the aesthetic and (or) ergonomic specificities of the outer appearance of the article, in particular, the shape, configuration, pattern and combination of colors, relate to the essential features of an industrial design." The expression "in particular" means that the aforesaid list of essential features is not exhaustive.

A list of essential features was not in the former Patent Law.

The subject matter "printed matter as such" is not now included in the list of unprotectable subject matters of the new Patent Law.

A change is made in the concept of unity of industrial design. The new Article 18. paragraph 1 teaches this concept as a "group of industrial designs interconnected to such an extent that they form a single creative concept". The content of said concept will evidently be detailed in the new Rules for compiling, filing and examination of an application for an industrial design.

Changes were also made in Article 24. relating to examination of an application. The term for response to an Official Action of the Russian PTO within formal examination or substantive examination may be extended by not more than ten months. An appeal against a decision of the Russian PTO may now be lodged with the Chamber of Patent Disputes, wherewith the term for filing an appeal is increased from three months to six months. A possibility is set forth for instatement of a missed term for lodging an appeal with the Chamber of Patent Disputes.

The new Article 29. paragraph 1 is supplemented that the justification for granting a patent may be appealed if the patent is granted in the case where there are several applications for identical industrial designs that have one and the same priority date. An appeal against the grant of the patent shall be submitted to the Chamber of Patent Disputes, the decision of which may be appealed against in court.

Newsletter #2(13) 2003, "Gorodissky & Partners"