Patent monopoly. Part 1: exclusive right
The moment a patent is issued, no one has a right to use the invention without the permission of a patentee. The Law requires this. The patentee can demand to terminate the illegal use of the invention or to authorize its use based on the license. A patent does not prevent a patentee from using the invention. It is not a required document to use the invention. The idea of using the invention includes two components. The first one defines the actions or events related to the implementing of the invention in the product or exercising the method. The second one determines the compliance of the product or the exercised method with the claims. An invention is recognized as used when a manufactured product or an exercised method contains each essential feature of the invention as defined in the independent claim, or an equivalent feature thereof
Keywords: invention, patent, exclusive right, use of an invention, claims, infringement of a patent.
References
1. Yu. I. Buch. Applicant's right to invention//Innovations. 2020. № 7. P. 78-86.
2. The Civil Code of the Russian Federation. Part 4. № 230-FZ of December 18, 2006.
3 Yu. I. Buch. Protecting your inventions abroad//Innovations. 2020. № 5. P. 89-97.
4. Yu. I. Buch. Utility model as alternative to invention for legal protection of technical solutions//Innovations. 2020. № 4. P. 73-82.
5. I. E. Mamiofa. Equivalents in patent practice. Leningrad: LDNTP, 1979.
6. Instructions for the examination of technical objects for non-infringement quality. — Approved by Resolution of the State Committee of the Council of Ministers of the USSR
for Inventions and Discoveries, dated January 29, 1974.
7. Instruction for paying remuneration for discoveries, inventions and rationalization proposals. Approved by Chairman of the State Committee of the Council of Ministers of the USSR for Inventions and Discoveries, dated January 15, 1974.
