MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

IMPORTANT ASPECTS OF DRAFTING UTILITY MODEL APPLICATIONS IN RUSSIA

In many cases correct compiling of your application and careful evaluation of your subject matter will help to save your rights as well as your time and money during further prosecution, which are key points in the IP management for all applicants. It is particularly applicable, if you wish to protect your idea as a utility model in the Russian Federation.

According to item 1 of Article 1351 of the Civil Code of the Russian Federation, only a single device can be claimed and granted a legal protection as a utility model. Non-compliance with the above-mentioned requirement of Article 1351 of the Civil Code of the Russian Federation is the most common cause of issuance of negative decisions on utility model applications in the Russian Federation.

A device is a product of human activity, which elements are in constructional unity and functional relationship. Such product is considered to be a device, if it is formed by combination of certain elements (combined use of elements), which results in obtaining a single device with a new purpose.

However, a set, a system, a complex of multiple devices used in combination without constructional unity is not considered as a single device and cannot be granted a legal protection as a utility model, since such combined use does not result in obtaining a single device as discussed above.

For example, a mousepad comprising a lower foam layer and a top laminated layer is a single device and therefore, it can be claimed as utility model, since the combined use of both layers results in obtaining a single device with a new purpose - a mousepad.

At the same time, for example, a system for trading, comprising a hosting server being connected with a mobile device of a customer and with a mobile device of a salesman cannot be considered as a single device, since there is no constructional unity and a combined use of said three devices does not result in obtaining a single device with a new purpose and therefore, such solution cannot be claimed and granted a legal protection as utility model.

In view of the above-mentioned, correct selection of a subject of industrial property and appropriate compiling of the application definitely helps to avoid issuance of a negative decision.

Therefore, if you are not sure, whether your idea can be a subject of utility model application, please check it for a presence of constructional unity (structural connections) between elements as described above or contact our professionals, who will be pleased to provide you with their expert advice. Click here to review the basic information in respect of utility model protection in Russia.

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