HOW EXAMINATION AND REPLACEMENT OF THE CONCEPT AND APPLICATION OF THE LAW MAKE EXPERTS MOCTURE: FIPS
Article 1349 of the Civil Code. Objects of patent rights. 1. The objects of patent rights are the results of intellectual activity in the scientific and technical sphere, meet the requirements of this Code for inventions and useful models, and results of intellectual activity in the field of design, meeting the requirements of this Code for industrial designs. 2. Inventions, containing information, State secrets (secret inventions), The provisions of this Code shall apply, unless otherwise provided by special rules of Articles 1401 - 1405 of this Code and other legal acts issued in accordance with them. 3. Useful models and industrial designs, containing information, Components of State Secret, Legal protection in accordance with this Code is not provided. 4. 1) methods of human cloning and its clone; 2) methods of modifying the genetic integrity of human germline cells; 3) use of human embryos for industrial and commercial purposes; 4) results of intellectual activity, referred to in paragraph 1 of this article, If they are contrary to the public interest, principles of humanity and morality. Article 1350 of the Civil Code. Conditions of patentability of the invention. 1. As an invention, a technical solution in any field is protected, related to the product (in particular, device, substance, strain of microorganism, culture of plant or animal cells) or method (the process of performing actions on a material object with the help of material means), including the use of a product or method for a specific purpose. The invention is granted legal protection, If it is new, has an inventive step and is industrially applicable. 2. The invention is new, If it is not known from the technical level. The invention has an inventive step, if for a specialist it does not clearly follow from the level of technology. The state of the art for the invention includes any information, made publicly available in the world prior to the priority date of the invention. When establishing the novelty of the invention, all applications filed in the Russian Federation by other persons for the issuance of patents for inventions shall also be included in the state of technology, subject to their earlier priority, Utility models and industrial designs, documents of which any person has the right to get acquainted in accordance with paragraphs 2 and 4 of Article 1385 or paragraph 2 of Article 1394 of this Code, inventions patented in the Russian Federation, Utility models and industrial designs. 3. Disclosure of information, relating to the invention, Author of Invention, the applicant or any person who received from them directly or indirectly this information (including as a result of exhibiting the invention at the exhibition), as a result of which information about the essence of the invention became publicly available, It is not a circumstance, hindering the recognition of the patentability of the invention, provided that, that the application for the grant of a patent for an invention has been filed with the federal executive authority for intellectual property within six months from the date of disclosure of information. The burden of proof of this, What circumstances, by virtue of which disclosure of information does not prevent recognition of patentability of the invention, took place, on the applicant. 4. The invention is industrially applicable, If it can be used in industry, Agriculture, Health, other sectors of the economy or the social sphere. 5. They are not inventions, in particular: 1) discoveries; 2) scientific theories and mathematical methods; 3) solutions, relating only to the appearance of products and aimed at satisfying aesthetic needs; 4) Rules and methods of games, intellectual or economic activity; 5) computer programs; (6) Decisions, only to provide information. In accordance with this paragraph, the possibility of classifying these objects as inventions is excluded only in the case of, when the application for the grant of a patent for an invention relates to these objects as such. 6. No legal protection shall be granted as an invention to: 1) plant varieties, Animal species and biological methods of obtaining them, I mean, ways, consisting entirely of crossbreeding and selection, except for microbiological methods and products obtained by such methods; 2) topologies of integrated circuits. 2. Examination of the application for the invention essentially includes: verification of compliance of the claimed invention with the requirements, established by paragraph 4 of Article 1349 of this Code, Conditions of Patentability, established by the first paragraph of paragraph 1, paragraphs 5 and 6 of Article 1350 of this Code; verification of sufficiency of disclosure of the essence of the claimed invention in the application documents, provided for by subparagraphs 1 - 4 of paragraph 2 of Article 1375 of this Code and submitted on the date of its submission, for the implementation of the invention by a person skilled in the art; conducting an information search in relation to the claimed invention and checking, taking into account its results, the compliance of the claimed invention with the conditions of patentability, provided by the second paragraph of paragraph 1 of Article 1350 of this Code. The federal executive authority for intellectual property sends the applicant a report on the information search. When verifying the conformity of the claimed invention to the conditions of patentability, the results of preliminary information search and preliminary assessment of patentability shall be taken into account, contained in the report on preliminary information search and conclusion on the results of the preliminary assessment of patentability, conducted by a scientific or educational organization, in case of their receipt to the specified federal body before making a decision on the application for the grant of a patent, Refusal to grant patent, Recognition of an application withdrawn. Information retrieval for facilities, referred to in paragraph 4 of Article 1349 and paragraphs 5 and 6 of Article 1350 of this Code, not conducted, what the federal executive authority for intellectual property notifies the applicant. G06 Calculation; G06Q Account Data Processing Systems or Methods, Specially designed for administrative, Commercial commercial, Financial, Management, supervisory or predictive purposes; systems or methods, Specially designed for administrative, Commercial commercial, Financial, Management, Supervisory or predictive objectives, Not included in other classes G06Q 20/00 Payment schemes, Architecture or protocols G06Q 20/02 .including a neutral third party, For example, the certification authority, Notary Public or Trusted Third Party (TTP) G06Q 20/04 .payment schemes G06Q 20/06 ..Private payment schemes, e.g. including an electronic carrier, used only between members of the general payment scheme G06Q 20/08 .Payment architectures ***G06Q 20/34 ..Using the cards, cards with integrated circuits or magnetic cards G06Q 20/36 ..Using electronic wallets or electronic money safes 4) Rules and methods of games, intellectual or economic activity; 4. 1) methods of human cloning and its clone; 2) methods of modifying the genetic integrity of human germline cells; 3) use of human embryos for industrial and commercial purposes; 4) results of intellectual activity, referred to in paragraph 1 of this article, If they are contrary to the public interest, principles of humanity and morality. ***2. Examination of the application for the invention essentially includes: verification of compliance of the claimed invention with the requirements, established by paragraph 4 of Article 1349 of this Code, Conditions of Patentability, established by the first paragraph of paragraph 1, paragraphs 5 and 6 of Article 1350 of this Code If the title page inserts the wrong IPC not related to the topic already from the Digital becomes a Mechanical Detailable Product. Whatever see patent all do even come to Digital technology inserts relating to Mechanical knots area Hydraulics and Electricity These are Requirements V Requirements - Order of the MAYOR Requirements Chapter V paragraph 70, 71, 72, 73. Where the IPC applies. The claimed Invention as Method relates to CLASS G IPC G 06 Q 20/00 to this applies Paragraphs 70 and 71, because it does not apply to the IPC: CLASS F You inserted Requirements for the application paragraph 72 and 73 corresponds to this CLASS put question :F: Mechanical engineering; lighting; heating; engines and pumps; weapons and ammunition; explosive works But there is still relatively part of group G IPC used in the field of banking and commercial services of technical equipment and this can not be applied to :Digital Technology there is Detailed Technology : G06C Mechanical digital computers G06D Hydraulic and pneumatic digital computing devices Chapter V Requirements for Drawings ***73. When executing the scheme, standardized conventional graphics are used... It is allowed on the scheme of one kind to depict individual elements of schemes of another kind (for example,, on the electrical circuit - elements of kinematic and hydraulic circuits). If the diagram is presented in the form of rectangles as graphical notations of the elements, then in addition to the digital sign directly in the rectangle and the name of the element. If the size of the rectangle does not allow this, the name of the element is allowed to indicate on the extension line (if necessary - in the form of a drawing inscription, IPC G 06 Q 20/00 PROTECTION AGAINST NON-SANCTIONED ENTRANCE WITH THE APPLICATION OF SOCIAL ENGINEERING TO BANK CLIENT ACCOUNTS. my application for the topic is completely inconsistent with the application of the adoption of the International Standard for CLASS and Requirements V paragraphs 72 and 73, because they meet Requirement V 70 and 71 in their CLASS. This is International Standardization and is not canceled and is applicable in the Russian Federation and because it has signed with FIIS - Rospatent and WIPO!