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变化地区 :阿联酋/沙特阿拉伯
The Ministry of Education and Science proposed to patent computer programs as an invention
At the plenary session of the Technoprom forum in Novosibirsk, Deputy head of the department Daria Kiryanova said that the Ministry of Education and Science is working on a proposal to patent computer programs as inventions. "This will open up niches for a market economy in which a software patent will be quoted as the main, or collateral, means for obtaining, for example, a loan or some kind of preferences or subsidies from the state, and the turnover of these software patents will begin, which will develop the IT sector too," she said. Now banks are extremely reluctant to lend money secured by intellectual property due to difficulties in evaluating such objects.
It follows from the presentation of the deputy minister that the agency's initiative will, among other things, protect unique ideas and technologies from copying, and enable localization. The Ministry of Education and Science noted that with the current regulation, it is often impossible to establish the ownership of software rights when several authors are working in parallel or writing similar programs.
The initiative is undergoing a stage of coordination and development of approaches to changes with interested executive authorities and the professional community.
According to experts interviewed by Kommersant, the problem lies in the fact that only a few programs can be patented as inventions.
"According to Article 1350 of the Civil Code of the Russian Federation, computer programs are not inventions and therefore cannot be patented as such. At the same time, the law provides for the possibility of patenting software derivatives, in particular, it is possible to patent a method of functioning based on certain devices (RAM, processor, microcontroller, etc.)," explains Yaroslav Shitsle, head of the Dispute Resolution department at the law firm Rustam Kurmaev and Partners. According to him, within the meaning of the current legislation, legal protection is provided to an invention that has novelty, inventive step and industrial applicability. "Only single programs can be patented," he says. Sergey Zuykov, Patent Attorney and Managing Partner of Zuykov and partners, shares the same opinion. "There are very few computer programs that meet such criteria," he says.