What cannot be patented and why?

Currently, special attention is paid to the protection of intellectual property. This article presents material about what results of intellectual activity are not protected by patent law (Article 1345 of the Civil Code of the Russian Federation and Article 1255 of the Civil Code of the Russian Federation) and under what circumstances there may be exceptions.

Patent law provides for the existence of intellectual rights to inventions, utility models and industrial designs.

However, before deciding to file a patent application, it should be taken into account that the following cannot be classified as inventions and utility models:

- discoveries, scientific theories and mathematical methods (they are not subject to protection due to their significance for society and development);

- computer programs and topology of integrated circuits, rules and methods of games;

- methods of intellectual or economic activity (for example, train schedules, traffic rules, etiquette rules, planning, financing, accounting, bookkeeping, forecasting, various forms of forms, etc.);

- varieties of plants and breeds of animals and biological methods for their production, methods of cloning a person and his clone, methods of modifying the genetic integrity of human germline cells or using human embryos for industrial and commercial purposes (Article 1350 of the Civil Code of the Russian Federation, paragraph 6).

Also, the following cannot be classified as objects of patent rights:

- decisions consisting only in the presentation of information;

- design decisions relating only to the appearance of products and aimed at satisfying aesthetic needs;

- all developments that are contrary to public interests, principles of humanity and morality (clauses 5 and 6 of Article 1350 of the Civil Code of the Russian Federation).

That is, all of the above does not apply to the objects of patent law, and therefore is excluded from the field of legal protection.

However, in some cases, legal protection can be provided for computer programs that are part of an invention or utility model. There is also the possibility of its registration at the request of the author, which is carried out by the Federal executive body for intellectual property in accordance with Art. 1262 of the Civil Code of the Russian Federation, but is exclusively optional, that is, it is not law-forming. Typically, authors resort to registering computer programs in order to inform the public about the existence of copyright (registration information is published in a special bulletin) and use this information as evidence in case of conflict situations, for indirect advertising of the program, as well as to simplify the procedure for its transportation when crossing the border.

It is also impossible to patent a technical or artistic idea, but if they are embodied in something tangible, then it is possible.

Reasons for refusal of legal protection of an invention may include, for example, the fact of premature disclosure of its essence in publicly available information sources, if the patenting period, which is 6 months, during which the author can file an application, has been missed, or fees for renewal of the patent have not been paid on time.

As for industrial designs, their legal protection is excluded for:

- decisions determined solely by the technical function of the product;

- architectural objects (except for small architectural forms), industrial, hydraulic and other stationary structures;

- objects with unstable shapes made of liquid, gaseous, granular materials or the like.

Important objects of legal protection include means of individualization. The grounds for refusal to register them as trademarks are:

- lack of distinctiveness (commonly used designations, designations with generally accepted symbols and terms, designations that characterize the properties of a product or made in the form of a product);

- the designation contains only combinations of letters (for example, an abbreviation that does not have a verbal expression or graphic design);

- use of symbols accepted at the official level (for example, flags or logos of international organizations);

- if they are false and mislead the consumer;

- contradict public interests, violate the principles of humanity and morality;

- resemble valuable objects of cultural heritage, cultural values;

- repeat or are confusingly similar to previously registered trademarks.