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- Access code: the State Duma supported the bill on patents of technical solutions in IT
Access code: the State Duma supported the bill on patents of technical solutions in IT
Russia wants to improve the patent protection of technical and design solutions in the field of computer technology. The relevant bill is being considered in the State Duma. They want to amend the Civil Code of the Russian Federation. The patent provides a broader level of protection, extending not to the text of the program, but to the idea itself, experts point out. Izvestia found out why patent protection of computer technologies is needed.
Take into custody
Patent protection of technical and design solutions in the field of computer technology can be improved. The relevant bill was recommended for the first reading by the State Duma Committee on State Construction and Legislation.
The explanatory note to the bill notes that solving technical problems using computer programs has become a common practice. And the level of complexity and efficiency of technical solutions implemented on computers is extremely high today. Such solutions are a valuable intangible asset and require effective patent protection.
To implement it, they want to amend the Civil Code, which will provide an opportunity to obtain a patent for technical solutions that can be used in software. The patented solution can be from different fields: chemistry, metallurgy, electronics, transportation, entertainment, and so on. In this case, it will be possible to protect inventions based on artificial intelligence with a patent.
In addition, the authors of the initiative propose to supplement the article of the Civil Code concerning utility models. The amendments determine that a utility model may refer to a programmable device that has acquired improved performance without modifying the hardware. Such a model can be legally protected without the need to describe obvious and typical hardware components in the application.
Parliamentarians also draw attention to the fact that according to the norms of modern patent law, only parts and assembly units fall under the concept of "device". Although programmable objects today can be complexes and systems, including distributed computing networks. In this regard, it is proposed to use the broader term "programmable means" instead of the concept of "computer device", since the range of such means is constantly expanding.
Harmonizes the draft law and the norms and practice of patenting design objects. The new edition of the Civil Code of the Russian Federation stipulates that not only the appearance of material objects, but also the graphical interface and its components are subject to protection.
The editorial board of Izvestia sent requests to the Ministry of Economic Development of the Russian Federation and Rospatent. No responses had been received at the time of publication.
Ownership rights
Today, computer software developers primarily use copyright to protect their interests, because the program code is protected in the same way as literary works are protected, the Russian Center for the Turnover of Rights to the Results of Creative Activity (RCIS) told Izvestia. This means that it is impossible to copy the text of the program itself, but if another developer used the same principle of operation and wrote the code in a different way, it became difficult to prove a violation, said Sean Betrozov, a lawyer at the Moscow Chamber of Lawyers and a member of the Russian Bar Association.
At the same time, the industry is looking for new ways and methods of solving various practical problems using computer programs, the RCIS emphasizes. There are many tasks in the field of oil exploration, housing and communal services, energy or materials science that are solved using unique algorithms or computational models. Digital tasks related to natural language, big data recognition and processing are also being worked out today.
Each such method, algorithm, and computational model has its own value, regardless of which program code it is implemented in. It can be bought, sold, or become the basis for the uniqueness of a particular piece of software and its high prices. Therefore, in the IT sphere, patent law is needed on a par with copyright," the press service of the RCIS reports.
However, it is important to understand that the part of the Civil Code devoted to intellectual property was formed almost 20 years ago, and patent law arose even earlier. Therefore, the concept of "invention" is still legally associated with objects of the material world.
— In order to "adjust" to the requirements of the law, the computer industry is forced to describe its technical solutions through material objects such as a processor, memory, computer input–output device. Then, formally, the requirement that there is a material object is fulfilled and can be patented," the RCIS explains.
However, at the moment, it is necessary to be able to obtain a patent for algorithms, interfaces, information processing methods and other software solutions, if they are really new and unique, Betrozov lists.
The bill, approved by the relevant committee of the State Duma for the first reading, eliminates the existing restriction. He explicitly states that it is possible to patent solutions designed to be implemented exclusively in the form of software code, the Russian Center for the Turnover of Rights to the Results of Creative Activity draws attention.
— Getting rid of redundant "material" structures will make it easier for all IT companies to obtain patents for computational models and algorithms. Naturally, if the doctrinal information is followed, such algorithms and models should be new, that is, previously unknown, and have an effect and create benefits in the real sector of the economy," the RCIS points out.
At the same time, the patent provides a broader level of protection, extending not to the text of the program, but to the idea itself, Betrozov notes. As a result, the developer will be able to secure exclusive rights for himself, which will allow him to profit from the idea, sell licenses and prohibit the use of technologies without permission. Having a patent also adds value to the company, helps attract investment, and protects the business in the event of a dispute.
— A patent cannot completely eliminate the risk of copying, but it creates a solid legal foundation. If someone uses a patented technology without permission, the developer gets a real tool to protect their interests through the courts," the source told Izvestia.
With all responsibility
First of all, it should be noted that patent law has existed and has been in force in Russia for a very long time, recalls UserGate patent attorney Alexander Kiselyov. Nothing significantly new should be expected from the initiative in terms of granting and protecting patent rights.
Today, the patent holder has the right to prohibit the use of a patented solution, receive compensation for the illegal use of the patent or royalties if there is a corresponding agreement, the expert lists.
Liability for patent infringement in Russia is provided for in three directions at once: civil, administrative and criminal. It all depends on the severity of the violation and the amount of damage caused, says Sean Betrozov.
— In a civil case, the copyright holder may apply to the court and demand compensation — to recover damages or to demand a fixed compensation. The latter usually ranges from 10 thousand. up to 5 million rubles," the lawyer notes.
If the violation is minor, administrative liability is applied. The Code of Administrative Offences establishes fines for the illegal use of an invention, utility model or industrial design, the Izvestia interlocutor clarifies. For citizens, the fine ranges from 1.5 thousand to 2 thousand rubles, for officials — from 10 thousand to 20 thousand, for organizations — from 30 thousand to 40 thousand rubles.
"In practice, courts are often limited to minimal amounts, especially if the violator has admitted guilt and stopped using someone else's technology," Betrozov points out.
In case of serious violations, criminal prosecution is possible. For illegal use of someone else's invention, disclosure of its essence before publication or attribution of authorship, a fine of up to 200 thousand rubles, forced labor for up to two years or imprisonment for the same period may be imposed.
— Thus, the violator may suffer both material and reputational losses. In addition to fines, he will have to stop using the technology and compensate the copyright holder," the expert emphasizes.
Openness to new things
Elena Sharonova, Head of the Department of Law and Tender Support at 1IDM, welcomes the initiative of parliamentarians on patent regulation, as legal protection is an urgent practical issue. The new norm will create a favorable basis for the development of the IT industry.
"Developers, knowing that they are legally protected by a patent from copying and unauthorized use of software, will invest more actively in the creation and development of products, and more innovations will appear on the market,— admits the Izvestia interlocutor.
At the same time, the patent can stimulate the economic growth of the IT industry, as it will make software more attractive to investors and partners, as it guarantees uniqueness and competitive advantage in the market, Sharonov does not exclude.
By the way, they protect patents and consumer rights, says Alexander Kiselyov. This is because, with patent protection, competitors are forced to create original solutions instead of replicating well-known products.
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