Operative patenting - has the status of the authoritative scientific-practical and professional expertise of novelty, superiority, innovativeness and practical applicability of results of creative activity of persons concerned. It is implemented with observance of general principles of the IOSCEAAD-775 standard. At the same time operative patenting is characterized by significant liberalization of terms and facilitation of the patenting procedure implementation.

 

Operative patenting acts as the international instrument of legal protection and official presentation of the innovation with indication of superiority of its announcement, presentation of instruments of legal support of the determined superiority, as well as open access to the procedure of reasonable impugnment of such superiority from the side of persons concerned.

 

Patenting according to the IOSCEAAD-775 standard is not the direct analog or the substitute of traditional patenting systems used in licensing systems of certain countries. It acts as an alternative and additional instrument of international presentation of innovations, fixation of their authorship and legal copyright protection. Patenting on the IOSCEAAD-775 standard may be implemented by persons concerned together with implementation of traditional mechanisms of copyright protection.

 

Patenting according to the IOSCEAAD-775 standard allows the significant number of authors from around the world to declare their authorship on the international level, carry out its legalization and protection in terms of inaccessibility (for various reasons) of traditional patenting systems or insufficiency of their resources for proper legalization and copyright protection.

 

Operative patenting is carried out in strict observance of established rules of patenting according to the IOSCEAAD-775 standard taking into account differences stated below.

 

In particular, operative patenting is carried out only within the expert assessment category of the «Foundation» level. It has the following implementation mechanism:

 

I. Requirements to the procedure initiator:

- Status of the author (co-author) or another rightholder;

 

II. Documents accompanying the expertise:

1) Declaration regarding the author's priority determination;

2) Contract between the initiator and the IUCI;

3) Agreement on accession to the project «IOSCEAAD-775» on terms officially announced by the IUCI.

 

III. Objects of patenting:

 

1) Full (complete and intended for purposeful use without additional conditions or resources needed) objects of intellectual creativity:

 

1.1. Scientific works:

- Monograph (books, brochure)

- Article (report)

- Thesis

- Design documentation

- Research activity report

- The deposited manuscript

- Translations of scientific and technical literature and documentation

- Author's educational literature with signs of the original scientific study

- Other author's scientific works.

 

2) Full (complete and intended for purposeful use without additional conditions or resources needed) objects of aesthetic creativity (arts):

 

2.1 . Literary works:

- Fiction

- Documentary prose

- Memoirs

- Popular scientific literature (without signs of original author's scientific studies)

- Reference books (without signs of original author's scientific studies)

- Technical literature (without signs of original author's scientific studies)

- Author's educational literature without signs of original author's scientific studies.

 

2.2 . Works of art (except works of literary art):

- Works of the fine arts

- Works of vocal art (singing)

- Works of choreographic art (dancing)

- Theater works

- Works of circus art

- Musical works

- Works of opera art

- Works of ballet art

- Motion picture (movies).

 

3) Full (complete or functioning within the structure of comprehensive objects and intended for purposeful use without additional conditions or resources needed) means of ensuring the target activity or functioning of devices:

- PC-software

- databases

- topologies of microchips.

 

4) Original means, instruments and mechanisms of creative reproduction of objects of aesthetic creativity:

- performances;

 

5) Original means, instruments and mechanisms of distribution (promulgation) of original objects of copyright and generally accepted information:

- phonograms

- message on air or via the radio or TV cable (air or cable broadcasting organizations).

 

6) Original innovations directed to technical improvement of material objects, ways of their production or use in order to receive the industrial or economic effect:

- inventions

- utility models.

 

7) Original means of individualization and visualization of physical expression of non-consumable products of industrial production in the stable form:

- industrial samples.

 

8) Original innovations in the field of biological modeling:

-achievements of selection.

 

9) Original means of effective individualization of industrial processes, commercial products, mechanisms of their promotion on competitive markets, formation and fixation of consumers' preferences:

- know-how

- company titles

- trademarks and service marks

- names of places of origin of goods

- commercial labeling.

 

10) Self-sufficient, logically reasonable and final original results of scientific creativity of local or intermediate nature, not intended for independent purposeful use, but subject to application or having the sufficient potential for application:

- in the process of implementation of educational, scientific or other creative activity - as the informational component or the argumentation basis;

- in the process of formation of creative innovations - as the ideological or analytical basis of the comprehensive result of creative activity, corresponding to the necessary criteria of final integrity and completeness.

 

10.1. Ideas:

- systematic description of unresolved modern scientific problems

- systematic justification of innovative ways of solution of unresolved modern scientific problems

- theories

- concepts

- original and reasonable systematization of data (including – sets of rules and justifications)

- hypotheses

- discoveries

- techniques

- original and reasonable statement of a scientific problem

- other finished intellectual products of local nature.

 

11) Self-sufficient, logically reasonable and final original results of aesthetic creativity of local or intermediate nature, not intended for independent purposeful use, but subject to application or having the sufficient potential for application:

- in the process of implementation of educational, scientific or other creative activity - as the informational component or the argumentation basis;

- in the process of formation of creative innovations - as the ideological or analytical basis of the comprehensive result of creative activity, corresponding to the necessary criteria of final integrity and completeness.

 

11.1. Extended plots of works (with completely displayed and properly stated storyline and aesthetic side).

 

IV. Aims of patenting:

- Expert determination of facts of novelty, superiority, innovativeness and practical applicability of results of creative activity of persons concerned, as well as presentation of instruments of legal protection (legal support of the determined superiority) and official presentation of the innovation with fixation of superiority of its announcement.

 

V. Materials submitted for the expert assessment:

1) Standard specimen or the prototype of the patented object (if it can be provided).

2) Photos and other images of the patented object (images of all key qualitative features of the object).

3) Video review of the patented object (if the expert council considers it necessary).

4) Electronic copies of various documents, verifying the status and quality of the patented object, as well as recommendations related to this object, provided by various institutions.

5) Description and main characteristics of the patented object, as well as additional explanations necessary in order to carry out the independent expertise (in English and Russian).

6) Information about the analogs of the patented object at the disposal of the person concerned.

7) Not less than two publications, describing the content and analysis of the innovation, submitted within sectoral research analytics championships (the GISAP project - http://gisap.eu/) of the International Academy of Science and Higher Education (IASHE, London, UK).

 

VI. Procedure of carrying out the expertise and rules of determination of its results

1) The obligatory factor determining the possibility of admission of the innovation to patenting is presentational (preliminary) promulgation of not less than two author's publications revealing the content and analysis of the innovation, submitted within sectoral research analytics championships (the GISAP project - http://gisap.eu/) of the International Academy of Science and Higher Education (IASHE, London, UK).

2) Materials, submitted for the expert assessment and intended for the open access are presented in the relevant section of the website http://academy.iuci.eu/.

3) General expert assessment of the object (approval of successful patenting or denial in such statement) and the recommended level of the patenting mark (5-grade system determining the quantity of assigned "innovation quality stars") is carried out by qualified sectoral specialists from around the world (Professional Expert Council) invited by the IUCI.

4) Final level of the patenting mark is determined by the open expertise. Sectoral specialists accepted by the IUCI can take part in it. General negative conclusion of the open expertise lowers the recommended level of the patenting mark given by the Professional Expert Council by 1 grade. Positive mark verifies the recommended level. General positive conclusion made by 2/3 of the general number of votes rises it by 1 grade.

5) Every specialist allowed to take part in the open expertise must formulate the reasonable note (argumentative objection to verification of patenting because of absence of the object's patentability criteria) while giving the negative mark. If the note is satisfied by the Professional Expert Council of the IUCI, it may become the basis for denial in patenting of the relevant object.

6) Open expertise takes place during 3 calendar years after the statement of the general expert mark of the object by the IUCI Professional Expert Council.

 

VII. Duration of the expertise

1) Standard duration of the expertise is 1 calendar month;

2) Accelerated expertise - 15 calendar days;

3) The regime of the reasonable refutation of patenting (object's patentability criteria) through submission of official notes by persons concerned is three calendar years from the moment of announcement of the general expert mark of the object given by the IUCI Professional Expert Council. As the indicated time period expires appeal of patenting results is carried out in the arbitration mode.

 

VIII. Patenting results and their affirmation:

Patenting is the expert procedure. Results of patenting are based on the objective professional assessment. These results cannot be known ahead.

Verification of patenting results:

1) International Author's Patenting Certificate;

2) author's (patenting) mark (medal);

3) Right to place the copyright (patenting) mark on the object and documents related to the object;

4) Publication of information about the object and patenting results in the IUCI Patenting Bulletin.

 

IX. Terms of validity of patenting results:

- If physical condition of the patented object remains unchanged, patenting results may be used in order to verify the status of such an object during the unlimited period of time (if notes of persons concerned are not satisfied).

 

X. Additional services and options:

1) Free admission of the patented object of commercial purpose to interactive participation (exposition) in the regional section of constantly functioning International commercial and industrial exhibition of the IUCI (London, UK) titled «Progressive quality XXI» during the current year - on the website http://iuci.eu/.

2) Nomination for the status of the exhibition diploma-holder with presentation of the relevant medal.

3) Verification of the determined object's patentability criteria by the decision of the American International Commercial and Arbitration Court (AICAC, USA).

4) Presentation of the patented object for international marketing of relevant rights of use on the IUCI "Selling space" (wholesale or retail).

 

XI. Patenting cost:

1) Full (complete and intended for purposeful use without additional conditions or resources needed) objects of intellectual creativity - 100,0 to 500,0 € (depending on the scale and complexity of the expert assessment of the object);

2) Full (complete and intended for purposeful use without additional conditions or resources needed) objects of aesthetic creativity (arts): 2.1 . Literary works: –100,0 to 500,0 € (depending on the scale and complexity of the expert assessment of the object); 2.2. Works of art (except works of literary art) –100,0 to 1000,0 € (depending on the scale and complexity of the expert assessment of the object);

3) Full means of ensuring the target activity or functioning of devices: –100,0 to 1000,0 € (depending on the scale and complexity of the expert assessment of the object);

4) Original means, instruments and mechanisms of creative reproduction of objects of aesthetic creativity –300,0 to 1000,0 € (depending on the scale and complexity of the expert assessment of the object);

5) Original means, instruments and mechanisms of distribution (promulgation) of independent objects of copyright and generally accepted information –100,0 to 1000,0 € (depending on the scale and complexity of the expert assessment of the object);

6) Original innovations directed to technical improvement of material objects, ways of their production or use in order to receive the industrial or economic effect – 300,0 to 4000,0 € (depending on the scale and complexity of the expert assessment of the object);

7) Original means of individualization and visualization of physical expression of non-consumable products of industrial production in the stable form - 300,0 to 1500,0 € (depending on the scale and complexity of the expert assessment of the object);

8) Original innovations in the field of biological modeling - 300,0 to 1500,0 € (depending on the scale and complexity of the expert assessment of the object);

9) Original means of effective individualization of industrial processes, commercial products, mechanisms of their promotion on competitive markets, formation and fixation of consumers' preferences - 400,0 to 4000,0 € (depending on the scale and complexity of the expert assessment of the object);

10) Self-sufficient, logically reasonable and final original results of scientific creativity of local or intermediate nature, not intended for independent purposeful use - 300,0 to 1000,0 € (depending on the scale and complexity of the expert assessment of the object);

11) Self-sufficient, logically reasonable and final original results of aesthetic creativity of local or intermediate nature, not intended for independent purposeful use - 300,0 to 1000,0 € (depending on the scale and complexity of the expert assessment of the object).

 

XII. The cost of additional procedures:

1) participation in the International commercial and industrial exhibition of the IUCI  is free of charge

2) legalization of the patenting status by the AICAC decision – 2000 €

3) presentation of goods or services for international marketing of relevant rights of use on the IUCI "Selling space" – 500,0 € a year + 5 % from the cost of units sold.

 

XIII. Mechanism of payment:

Payment for patenting services and additional procedures is made on conditions of 100% prepayment or with installment of date, assuming the final payment not later than three days before the service or procedure implementation ending.

 

XIV. Responsibility:

1) The IUCI bears limited responsibility for determination and verification of the patented object's patentability criteria in correspondence with the general rules of the IOSCEAAD-775 standard on condition of absolute honesty of the patenting initiator in matters of submission of information necessary for holding the expertise.

2) Any interested person may address the IUCI with the reasonable application (Note) concerning the discovered absence of the patented object's patentability criteria. If such application is satisfied by the Professional Expert Council of the IUCI, it may become the basis for cancellation of patenting of the relevant object.

 

XV. Patenting information archiving

Year

Date

Object

Subject

Result

Website

Certificate №

Person in charge and contacts

 

 

 

 

 

 

 

 

 

Patenting register

Selection

Year

Branch

Object

Rightholder

Category and mark