Sometimes in the development of industrial products led to a situation where the claimant difficult to determine what the object of industrial property it include : the industrial model or utility model (small invention), which security documents to protect technical solution patent on industrial design or a certificate for a utility model?
Industrial product can be achieved at the level of utility model and combine aesthetic and / or ergonomic features and the design to emphasize its technical perfection.
In order to gain insight into the situation, it is necessary to find out what design features characterize technical solution to the utility model, and the significant hudaugestvenno-constructorskie, aesthetic and / or ergonomic features characterize the site as an industrial design.
Industrial Design inherently dual object : its aesthetic essence from the field of copyright, and the legal procedures in the business of intellectual property rights in accordance with patent law. The problem is that diversity manufactures posed by the use of design development, it is extremely broad.
Referring to the Patent Law and the Regulation of, and the filing of the application for a patent on the design.
The patentability industrial design disclosed in Article 6 of the Patent Law. According to paragraph 1 of this article to industrial designs of художественно-констр��кторское the articles defining the appearance of the produce.
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Aesthetic maintenance of industrial design is claimed by the applicant for a patent. Analysis of significant signs of the model should be dealt with the rules of, and the filing of the application for a patent on the design.
Industrial Design is a new and original appearance products (design).
Consider classification significant signs of industrial products, which is a result of substantial construction and design, in the case of Block connector " which issued patent No. 48,325 industrial designs and received a positive decision to issue the certificate for a utility model (see application No. 2001106104/20 "deck electric connector).
In developing the list of essential elements, industrial design into account all the main elements of a "white Block" : magazine, frame, lock plug, bracket flange and flow out in a single plasticescom vein. Объемно-пространстве��ная Construction of the unit, based on the work of plastic cylindrical main elements and their subordination has sufficiently �удожественно-информа ционной expressiveness.
The elements of industrial products described as predmetno-construktorskimi, and художественно-констр��кторскими decisions that are visual characteristics of the facility. The original aesthetic content художественно-констр��кторского identified the object legal claims-the industrial design.
At the same time, this product is a device intended for the fast and reliable connections, and separation of power electric circuits.
Classification of its essential features of the facility useful model shall be conducted in accordance with the Rules, and the filing of the application for the issue of a certificate for a utility model. Useful model is an integral part, the mutual arrangement of elements, geometric form, a form of communication between elements of the parameters and the material.
Significant signs direct connector is constructed of elements : the protocek on the inner surface of the shell forks, Installation of the sealing rings.
Among classification substantial evidence in this case is the fact that elements of the design are not considered from the point of view of their visual aesthetic characteristics into account the appearance of the finished product will not be accepted.
The assessment substantial evidence is, as provided for in paragraph 1 of Article 5 of the Patent Law to the high technical result can be achieved with the use of the products for the purposes of comparison with the prototype, in this case, the tightness of the electrical connection.
The patent protection for industrial products patent on industrial design and a certificate for a utility model has been useful from the standpoint of the rights of the applicant in court in the case of unauthorized use happen either patented solution.
The applicant security documents to protect the appearance of industrial products (patent for industrial design) and the substantive design products (certificate for a utility model).
Comparison significant signs of industrial design and utility model held for the following reasons.
First, the buyer usually as the appearance of the product as well as its functional dignity. Therefore, the developer in the development stage проектно-конструктор��кой documentation is a product of advanced technical solutions that can help improve the properties of the industrial design as well as a useful model.
Secondly, it is, unfortunately, in the Patent Act A/57/630 no possibility of converting applications to industrial design in the application as a valuable model , and vice versa. This is not to avoid the loss of national priority and be more flexible patent policy in the economic development of industries P F.
Furthermore, it should not be forgotten that, in some cases, foreign legislation on industrial design draws patent law, however, to the legal action, the application of technical solutions, the issue of protection, maintained in force and cease their actions.
For example, in countries where patent law provides for the protection of utility models, possible conversion applications for industrial design in the application for a utility model, and vice versa.
The test in such cases is the following provision : "If the industrial product more is a useful purpose than decoration, it is protected as an invention or useful model (1). In general, protection of industrial products such as a patent on industrial design, and a certificate for a utility model that prevents plagiarism and coincidence with sufficient similarities.
Patent Attorney Chelyabinsk TsNTI
Skripkina NK
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Identification of significant signs of industrial design and useful models of industrial products