A draft law currently under review in the State Duma proposes amendments to the Civil Code that may change the approach to patenting in the IT sector. The initiative concerns the possibility of patenting technical solutions implemented via software.
Proposed Amendments
1. The terms “invention” and “utility model” are proposed to include, among other things, technical solutions that may be implemented through a “programmable means”;
2. It is further proposed that the term “computer device” be replaced with “programmable means, including programmable device”;
3. The proposed amendments also introduce industrial design protection for the graphical interface of software or any of its components that have independent significance.
What does this mean in practice?
Until now, software has been primarily protected by copyright law, which safeguarded the source code from copying but did not protect the underlying algorithm of a program.
If the proposed amendments are adopted, the distinctive features of an invention or utility model could include, for example, the specific characteristics of a software algorithm. This would make it possible to obtain multiple patents for inventions or utility models that are identical in terms of their hardware design but differ only in terms of the software used to operate them.
These amendments codify the existing practice under which elements of software interface are granted industrial design protection.
The draft law has been included in the tentative agenda of the State Duma’s fall session.
We continue to monitor legislative developments in this area!
Proposed Amendments
1. The terms “invention” and “utility model” are proposed to include, among other things, technical solutions that may be implemented through a “programmable means”;
2. It is further proposed that the term “computer device” be replaced with “programmable means, including programmable device”;
3. The proposed amendments also introduce industrial design protection for the graphical interface of software or any of its components that have independent significance.
What does this mean in practice?
Until now, software has been primarily protected by copyright law, which safeguarded the source code from copying but did not protect the underlying algorithm of a program.
If the proposed amendments are adopted, the distinctive features of an invention or utility model could include, for example, the specific characteristics of a software algorithm. This would make it possible to obtain multiple patents for inventions or utility models that are identical in terms of their hardware design but differ only in terms of the software used to operate them.
These amendments codify the existing practice under which elements of software interface are granted industrial design protection.
The draft law has been included in the tentative agenda of the State Duma’s fall session.
We continue to monitor legislative developments in this area!