Patenting on the standard IOSCEAAD-775 has international status of the authoritative scientific-practical and professional expertise of the novelty (endogenous savagery (originality) in relation to the author), primacy (priority in time of promulgation and content in relation to the similar and same objects), innovativeness (exclusivity of original methodology of certain problems resolution) and practical applicability (possibility to use in scientific, cultural-aesthetic or industrial purposes) the interested persons' creative activity results.

 

Patenting is implemented by the methodology of professional assessment and joint evaluation of qualitative signs of creative activity results of interested parties by the expert community on the basis of criteria of their patentability.

 

Patenting on the standard IOSCEAAD-775 is the professional social initiative, allowing the legal fixation of the priority of the relevant person in promulgation of innovative results of his creative activity. It presupposes collegial expert assessment of criteria of their patentability and provides basic instruments of the copyright protection.

 

Patenting on the standard IOSCEAAD-775 is not the analog or the direct alternative to the state patenting systems. It acts as an alternative and additional instrument of verification and protection of copyrights for those who can't use the above-mentioned state instruments or intends to enhance his legal positions concerning the innovative objects on the international level and within the global community of experts and parties concerned.

 

Patenting on the standard IOSCEAAD-775 does not verify the exceptional parameters of rights, authorship and priority (this is the prerogative of state patenting offices), but beyond controversy verifies the primacy of promulgation, the international expert acknowledgment of the object patentability,  the avowed primacy of the author in relation to the appropriate creative activity result (innovative object). It also creates the efficient evidentiary and informational basis for the effective protection of authorship with the use of any allowed and widespread instruments of the copyright protection.

 

Patenting on the standard IOSCEAAD-775 (in contrast to the traditions of functioning of state patenting offices) allows granting the patenting protection not only to the fully formed systematic technical solutions but also to independent results of creative activity with commercial value but not formalized under official standards of patentability: ideas, theories, concepts, hypotheses, discoveries, methods and other completed intellectual products. In this regard the ideology of patenting on the standard IOSCEAAD-775 is based on the acknowledgment of the value of completed intellectual products - their essence, contents, methodology and also the stimulating significance for the global intellectual activity.

 

Besides, criteria of patentability of completed intellectual products (completed systemic technical solutions are not included) are also based on the fact that practical implementation (realization) of such exclusive objects is carried out within the system of education and scientific activity (market of scientific-educational services). 

 

Patenting on the standard IOSCEAAD-775 takes into account the possibility to use the certain result of the creative activity for scientific and cultural-aesthetic purposes - in the process of the intellectual progress of the humanity.

 

Patenting on the standard IOSCEAAD-775 presupposes wider, exclusive and operative format of acknowledgment and protection of copyrights than traditional state mechanisms of patenting. It also differs with flexibility, simplicity, operative adaptation for the purposes and opportunities of the author of the creative activity result or another rightholder.

 

One of the procedural benefits of patenting on the standard IOSCEAAD-775 is the absence of unnecessary bureaucracy and financial affordability.

 

Benefits of patenting on the standard IOSCEAAD-775 (except the international format of legal protection of results of creative activity) are also in the wide promulgation and popularization of such intellectual objects.

 

Patenting on the standard IOSCEAAD-775 is carried out only on the basis of the voluntary interaction of persons concerned.

 

The absence of formalism is the reality and objectivity of patenting. It is based on the circumstance that the IUCI fully excludes any elements of formalism, incompetence or unconscientiousness of experts during the patenting procedures.

 

Legitimacy of the patenting procedure on the IOSCEAAD-775  standard is based on the fact that it is carried out in conditions of fullness, objectivity, scientific-methodological and consumer (functional) reasonableness and fairness of holding of patenting expert assessments, high professional qualification of independent experts, joint reasonable decision-making. Patenting corresponds to high international requirements as an alternative instrument of protection of copyright and the international market of intellectual property, prophylaxis of relevant violations in civil and commercial turnover and stimulation of qualitative and consumer improvement of goods, services, various economic resources, moral, cultural-aesthetic and scientific-educational assets of mankind. Patenting is an international civil initiative of the professional community of scientists and practitioners. It acts as a factor of influence of the social position on social-economic processes and relations. Patenting procedures, related official agreements of parties concerned, results of patenting in the proper documentary form - all these are the unconditional legal facts, affecting the emergence, changing or cancellation of certain relations in legal and economic spheres.

 

Significance of patenting is in its function of the efficient alternative international instrument of:

promulgation of the creative activity results, expert assessment of these results, provision of elements of legal protection of objects of copyright, definition of flaws in such objects and searching for ways of their improvement;

assistance in fair and reasonable statement and verification of author's priorities;

prevention of delinquencies on the intellectual property market; additional professional assessment of intellectual products;

definition of relatively better results of creative activity;

distribution of information concerning the creative activity results and popularization of their authors.

 

Internal structure of patenting procedure on the IOSCEAAD-775 standard consists of the following elements:

the object of patenting;

methods of informational consignation of the object and its presentation for the expert assessment;

methods and procedures of patenting; expert groups;

expert decisions (verdicts);

patenting publications and issues;

patenting attributes and documents;

legal regime and legal guarantees, based on patenting; image elements of patenting.

 

Scale of legal, image-based and applied distribution, effect and operation mode of patenting and its results have unlimited international nature. The scale of distribution of patenting presupposes the unlimited territorial distribution on the international level. The scale of influence of patenting on the emergence, changing, development or cancellation of relations of parties concerned in commercial and other fields of target interaction is defined by the will of such persons, authority, professional objectivity and international scale of distribution of patenting.

The patenting has the permissive status, connected with free attitude to the results of patenting and use of them from the side of persons concerned. At the same time patenting includes imperative (mandatory) elements: mutual obligations towards the object of patenting bind the owner of the property right and the IUCI; status obligations, binding the holder of the property right for the object of patenting with the results of patenting and threatening with the fall of image, business reputation and negative attitude from the third parties towards the object of patenting and its author in case of failure to fulfill these status obligations; obligations emerging from the fact of presentation (promulgation) of the object's patenting results - in case of qualitative misbalance between the object of patenting and the results of patenting such consequences may be classified as the lies to the customer and bring relevant legal responsibility. At the same time any interested party has the right to ignore results of the international patenting, objectively and professionally concluded in full correspondence with the officially announced rules because such results are the structural element of characteristics and commercial cost of the relevant creative activity result as the object of the property right and the object of commercial or other social relations.

 

Economic contents of patenting: the structural element of the basis of the relevant creative activity result's (object of patenting) market cost; evaluative index, potentially rising the market cost of the object of patenting or characterizing certain additional benefits or exclusive characteristics of such objects available for the consumer freely; official factor of providing the beneficiary right for promotion on the competitive market; relevant competitive benefits (positive difference) of the object of patenting in comparison to similar or substituting objects; marketing (advertising-presentational) element; additional factor of competitive struggle on the consumer market; stimulation of improvement of the creative activity result and widening of its lifecycle as the economic products.

 

Significance of the patenting in the commercial turnover: factor of individualization of the creative activity results; factor of informal standardization of the creative activity results; factor of juridical and commercial culture; factor of optimization of business partnership; factor of optimization of consumers' preferences; factor of prevention of illegal behavior in commercial turnover; factor of objectivization of characteristics of the creative activity results; factor of the price formation; factor of competitive struggle.

 

Reference points and the target audience. Reference points of patenting are those presupposed and desired results, the patenting procedure is directed to. The audience of patenting is the list of separate subjects or social groups. Information concerning the results of patenting is directed to the specific informing and building of conclusions and preferences of the audience of patenting. Main reference points and audiences of patenting include: objectivization of the creative activity results and prophylaxis of violations in the commercial turnover (partners and contractors); objectivization of the creative activity results as economic products and formation of the consumers' preferences (consumers); stimulation of competitiveness (market opponents and authors of similar innovations); stimulation of improvement of the creative activity results (initiators of patenting, market opponents and authors of similar innovations); image-based presentation of the creative activity results, their authors and other possessors of rights for them (all subjects of market infrastructure); formation of alternative criteria of analytical assessment, additional reasons for differentiation and prestigious hierarchy of results of creative activity (expert community).

 

Prestige. The expert assessment of results of creative activity is always a status factor. Receiving the objective authoritative certificate of patentability of the copyright object is an undoubted element of prestige. The other consequence is even more attractable and ideologically significant - high positioning of results of creative activity in the comparative hierarchy of objects of copyright. The elements of the prestige connected with the patenting procedure are equally inherent to the object of copyright, his author, holder of rights for it and even to the buyer of the relevant object to the certain extent.

 

Promulgation (presentation). Through the publication of issues of the Patenting registry and Bulletins as publications in the UK jurisdiction patenting  presupposes active promulgation of factors and results of patenting procedures directed to the target audiences of the persons concerned.

 

Presentability. The patenting attributes and facts (on the basis of which the owners of property rights are provided with patenting), accompanying the activities of the property rights owners or the lifecycle of the appropriate copyright objects - economic products, provide the indicated persons and products with positive status presentability.

 

Corporatisation. Legal nature of results of patenting is a kind of an open collective contract of adhesion with the participation of the IUCI, the author or another possessor of rights for the copyright object, initiator of patenting and potentially unlimited number of third persons – buyers of the object of patenting or authors of similar innovations – opponents concerning the following: acknowledgement of patenting results; improvement of legally significant actions, based on such results; definition of possible misbalance between characteristics of patentability of objects of copyright and the results of patenting; implementation of legal consequences of definition of possible misbalance between characteristics of patentability of objects of copyright and the results of patenting.

 

Terms of patenting and its results. The procedure of patenting and the period of legal validity of its results is limited by reasonable and natural terms, ensuring the efficiency and objectivity of patenting.

 

Legal regime of patenting is a list of special rules, stated by the IUCI, agreements between the interested parties concerning patenting as well as applicable regulations of the international law and national legislation of certain countries, regulating relations of patenting procedure participants and other persons in connection with holding of patenting procedures and implementation of their results and consequences. 

 

Legal guarantees are terms or obligations, provided by the IUCI or based on agreements of the IUCI and persons concerned, ensuring the reality and objectivity of patenting.

 

Image guarantees – are inviolable obligations of the IUCI to maintain stable high and authoritative level and professional reality and objectivity of patenting towards absolutely all objects of patenting with no exceptions.

 

Responsibility. Patenting procedures presuppose the responsibility for the unconscionable participation in such procedures:

1) The IUCI - concerning the absence of provision of the stable high and authoritative level, professional reality and objectivity of patenting towards absolutely all objects of patenting with no exceptions, and also in connection with the officially granted IUCI guarantees;

2) Initiators of patenting - concerning the unfair intentions while initiation and ensuring the terms of patenting;

3) The patenting object property rights posessors - concerning the unconscionable (not full, not objective) presentation of the necessary information to experts, prevention of misrepresentation of facts and ensuring proper conditions for patenting; 4) Buyers of the object of patenting and representatives of the expert community - concerning bias and deliberately non-objective assessment of the object of patenting.

 

Parallel strengthening of international legal and commercial positions of innovative results of creative activity as well as their authors and other possessors of rights through the inclusion of patenting on the standard IOSCEAAD-775 to the list of state patenting instruments.

The IOSCEAAD-775 project is implemented within the framework of activity of the International Union of Commerce and Industry (UK).

Patenting on the standard IOSCEAAD-775 is the authoritative expert assessment of novelty (endogenous savagery (originality) in relation to the author), primacy (priority in time of promulgation and content in relation to the similar and same objects), innovativeness (exclusivity of original methodology of certain problems resolution) and practical applicability (possibility to use in scientific, cultural-aesthetic or industrial purposes) the interested persons' creative activity results.

 

Patenting is implemented on the basis of methodology of professional assessment and joint evaluation (by the expert community) of qualitative parameters of results of creative activity of persons concerned (criteria – patentability).

 

Global aims of the project:

a) consolidation of researchers and innovators from around the world;

b) implementation and development of new, alternative and additional instruments of copyright protection;

c) legal protection of authors (and equal persons) of independent results of creative activity with commercial value and applicability not provided with legal protection in systems of the state law;

d) operative provision of affordable instruments of juridical legalization and protection of rights for the results of creative activity; 

e) implementation of new unified international standard of assessment of patentability of copyright objects, allowing to globalize the international market of copyrights and integrate intellectual property and national businesses of various states into global economic system more tightly and sequentially;

f) cultivation of the additional and efficient mechanism of patentability and comparability monitoring of analogues of copyright objects;

h) implementation of the objective criteria of assessment (by persons concerned) of individual or comparative (comparison with analogues) criteria of patentability of copyright objects;

i) ensuring the development of competitiveness through active promulgation of information concerning copyright objects and promotion of practical implementation of innovations;

f) development of international trading-economic cooperation in the field of copyright;

g) international protection of economic rights and freedoms of man (consumer).

 

Objects of patenting (basic concepts, used to characterize objects of patenting on the IOSCEAAD-775 standard, not subject to full interpretation, correspond to the generally accepted contents of similar definitions, stated by norms of the international law and traditions of business turnover):

1) Integral objects of intellectual creativity (completed and intended for target use without additional conditions or utilities):

1.1. Scientific compositions

  • Monograph (book, brochure)
  • Article (report)
  • Dissertation
  • Design Documentation
  • Report on the research activity
  • Deposited manuscript
  • Translations of scientific-technical literature and documentation
  • Author’s educational literature with signs of the original scientific research  
  • Other author’s scientific works.

2) Integral objects of aesthetic (art) creativity (completed and intended for target use without additional conditions or utilities):

2.1 Literary works

  • Fiction
  • Documentary prose 
  • Memoirs
  • Popular scientific literature  (with no signs of the original author’s scientific research)
  • Inquiry literature (with no signs of the original author’s scientific research)
  • Technical literature (with no signs of the original author’s scientific research)
  • Author’s tutorials (with no signs of the original author’s scientific research).

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

  • Fine arts
  • Vocal compositions (singing)
  • Choreographic compositions (dancing)
  • Theatrical compositions
  • Compositions for circus
  • Musical compositions
  • Opera compositions
  • Ballet compositions
  • Movies.

3) Integral (completed or functioning within the structure of complicated objects and intended for the target use without additional conditions or utilities) means of ensuring of purposeful activity or functioning of devices:

  • computer programs;
  • data-bases;
  • topologies of integral microcircuit chips.

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 independent objects of copyright and public information (1,3):

  • phonograms;
  • message on-air or via the radio or TV cable (broadcasting of organizations of on-air or cable broadcasting).

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

  • inventions;
  • utility models.

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

  • production pieces.

8) Original innovations in the field of biological modeling:

  • selection achievements.

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

  • trade secrets (know-how);
  • company titles;
  • trademarks and service marks;
  • titles of places of origin of goods;
  • commercial labeling

10) Self-sufficient, logically reasonable and completed original results of scientific creativity of local or intermediate nature, not intended for the independent purposeful use, but subject to application or having sufficient potential for application: in the processes of implementation of educational, scientific or other creative activity - as the informational component or argumentation basis; in the processes of creation of creative innovations - as the ideological or analytical basis of the complicated creative activity result, corresponding to the necessary criteria of final integrity and completeness:

10.1 Ideas

  • Systematic description of the unsolved scientific problems of modern world;
  • Systematic justification of the innovative ways of resolving the unsolved scientific problems of modern world;
  • Theories;
  • Conceptions;
  • Original and justified systematizations of data (including codes of law and justifications); 
  • Hypotheses;
  • Discoveries;
  • Original and justified settlement of the scientific problem  ; 
  • Methods;
  • Other finished intellectual products of local nature
  • Business-idea as a variation of theoretical innovations in the field of marketing (new ways of satisfaction of social needs corresponding to signs of patentability).

11) Self-sufficient, logically reasonable and completed original results of scientific creativity of local or intermediate nature, not intended for the independent purposeful use, but subject to application or having sufficient potential for application: in the processes of implementation of educational, scientific or other creative activity - as the informational component or argumentation basis; in the processes of creation of creative innovations - as the ideological or analytical basis of the complicated creative activity result, corresponding to the necessary criteria of final integrity and completeness:

11.1. Comprehensive plots of compositions (with fully and properly presented story-aesthetic line of the composition)

 

Functions of patenting:

1.Expertise of patentability of copyright objects.

2. Expert analysis of originality and innovativeness of the creative activity result as well as the nature of its comparability with analogues or similar objects with the use of available data and instruments.

3. International expert acknowledgement of the copyright for the relevant result of creative activity in parameters, not legally limited by rights of other persons.

4. Provision and verification of the author’s priority for the relevant result of creative activity in parameters, not legally limited by rights of other persons.

5. Legal protection of copyright and the neighbouring rights for the relevant result of creative activity in parameters, not legally limited by rights of other persons.

6. Prestigious hierarchical classification of copyrights on various grounds.

7. Legal and organizational support of transactions involving copyrights.

8. International promulgation of information concerning the results of creative activity. 

 

Goals of the patenting procedure from the standpoint of interests and needs of the author of the possessor of neighbouring rights for the creative activity result (initiator of patenting):

  • determination of presence, absence and nature of the creative activity results’ patentability criteria;
  • determination of originality and innovativeness of creative activity results as well as their comparability with analogues or similar objects;
  • international expert acknowledgement of copyright;
  • verification of the author’s priority;
  • legal protection of the copyright and the neighbouring rights;
  • legal protection of transactions involving copyright and the neighbouring rights;
  • improvement of the author’s professional reputation (or another possessor of rights) and results of his creative activity on international and national levels;
  • prestigious distribution of information about the author (or another possessor of rights) and results of his creative activity on international and national levels;
  • incentives for self-development of the author and improvement of his creative activity results;
  • open presentation of the author’s (or another possessor of rights) creative activity results as products subject to selling in the commercial environment.

System construction of the project and categories of expert assessment

System structure of the patenting mechanism:

a) website of the patenting registry;

b) periodic promotional and informational edition of the patenting register;

c) team of experts;

d) open community of experts;

e) patenting procedure;

f) patenting documents;

g) registry of International open standard of collegial expert assessment of author’s declarations;

h) rating of international leaders of innovations and intellectual progress of the society;

i) rating, image, honorable and awarding diplomas, certificates, medals and figurines.

 

Concept of the registry naming: The International open standard of collegial expert assessment of author’s declarations – 775. The registry, the patenting procedure and patenting certificates have international nature. They are designed to be implemented and developed within the global international legal and commercial practice.

The openness of the standard presupposes its availability for all persons concerned as well as the potential unlimitedness of the professional expert community, participating in patenting.

The expert conclusion concerning the patenting is based on the relevant collegial (joint) decision.

The patenting procedure is initiated and implemented on the basis of author’s declarations, submitted by persons concerned (authors or other possessors of rights).

Title part of the name: The International open standard of collegial expert assessment of author’s declarations – 775

Abbreviation: IOSCEAAD-775

Decoding of the numerical part of the title (index of the registry): 775

  • first number «7» - 7 categories (levels) of expert assessment;
  • the second number «7» - 7 maximal factors (elements) of expert assessment within the last - the highest category of expertise;
  • the third number «5» - 5 maximum number of stars within each category of the expert assessment.

Maximum possible ranges of the expert assessment of patentability expressed in numerical registry index:

  • first number of the registry index varies from 1 to 7 and defines the category (from seven possible categories (levels)) of the expert assessment of patenting;
  • the second number of the registry index varies from 1 to 7 and defines the number of factors of assessment (from 7 possible), used during patenting;
  • the third number of the registry index varies from 1 to 5 and defines the number of "stars" (from five possible), given during the patenting process of the relevant category with the use of certain number of expert assessment factors.

Possible variants of index ranges of registries: 1-7; 1-7; 1-5.

 

For example with the index of 135 (five maximal stars (credits) of the patenting standard, given on the basis of application of 3 factors of the first expert assessment category (level) patenting), patenting standard will be defined as IOSCEAAD-775/135.

 

Expert assessment categories (levels)

 

Expert assessment categories (levels) in qualitative expression and content-based equivalent define the scale, depth and quality of the expert  assessment as well as the quantity of experts involved, level of their qualification and the volume of expert analysis. There are 7 expert assessment levels.

 

1.1. Experts:

- The IUCI experts.

- Open expert community.

1.2. Object of expertise:

- Outcome of creative activity

Material under study:

1.3. Objective descriptive or other characterizing information containing, the necessary and sufficient basis

2.1. Experts:

- The IUCI experts.

- Open expert community

2.2. Object of expertise:

- Outcome of creative activity

Material under study:

2.3. Objective descriptive or other characterizing information containing, the necessary and sufficient basis; 

2.4. Copies of technical documents (if available) and two authoritative conclusions of professional specialists;

2.5. Photos, images, videos, results of laboratory and other expert analyses, supplementing the objective perception of the object.

3.1. Experts:

- The IUCI experts;

- Open expert community.

Object of expertise:

3.2. Outcome of creative activity;

3.3. Verified experimental data.

Material under study:

3.4. Objective descriptive or other characterizing information containing, the necessary and sufficient basis;

3.5. Copies of technical documents (if available) and two authoritative conclusions of professional specialists;

3.6. Photos, images, videos, results of laboratory and other expert analyses, supplementing the objective perception of the object.

4.1. Experts:

- The IUCI experts;

- Open expert community.

Object of expertise:

4.2. Outcome of creative activity;

4.3. Verified experimental data;

4.4. Not less than two reviewed publications concerning the object in authoritative scientific issues of the relevant profile.

Material under study:

4.5. Objective descriptive or other characterizing information containing, the necessary and sufficient basis;

4.6. Copies of technical documents (if available) and two authoritative conclusions of professional specialists;

4.7. Photos, images, videos, results of laboratory and other expert analyses, supplementing the objective perception of the object.

5.1. Experts (visiting the location of the examined object or with other possibility of its direct assessment):

- The IUCI experts;

- Open expert community.

Object of expertise:

5.2. Outcome of creative activity + potential social-economic significance and possible effect from mass introduction of the object;

5.3. Verified experimental data + technology of production of the object;

5.4.  Not less than three reviewed publications concerning the object in authoritative scientific issues of the relevant profile.

Material under study:

5.5. Objective descriptive or other characterizing information containing, the necessary and sufficient basis;

5.6. Copies of technical documents (if available) and three authoritative conclusions of professional specialists + author’s reasoning of criteria of the object patentability;

5.7. Photos, images, videos, results of laboratory and other expert analyses, supplementing the objective perception of the object.

6.1. Experts (visiting the location of the examined object or with other possibility of its direct assessment):

- The IUCI experts;

- Open expert community.

Object of expertise:

6.2. Outcome of creative activity + potential social-economic significance and possible effect from mass introduction of the object;

6.3. Verified experimental data + technology of production of the object;

6.4. Not less than four reviewed publications concerning the object in authoritative scientific issues of the relevant profile + analysis of achievements of the author + analysis of recommendations and opinions of experts, partners, colleagues and other specialists;

Material under study:

6.5. Objective descriptive or other characterizing information containing, the necessary and sufficient basis;

6.6. Copies of technical documents (if available) and four authoritative conclusions of professional specialists + author’s reasoning of criteria of the object patentability;

6.7. Photos, images, videos, results of laboratory and other expert analyses, supplementing the objective perception of the object.

7.1. Experts (visiting the location of the examined object or with other possibility of its direct assessment):

- The IUCI experts;

- Open expert community.

Object of expertise:

7.2. Outcome of creative activity + potential social-economic significance and possible effect from mass introduction of the object + any legitimate mechanisms of independent object patentability verification;

7.3. Verified experimental data + technology of production of the object;

7.4. Not less than five reviewed publications concerning the object in authoritative scientific issues of the relevant profile + analysis of achievements of the author + analysis of recommendations and opinions of experts, partners, colleagues and other specialists;

Material under study:

7.5. Objective descriptive or other characterizing information containing, the necessary and sufficient basis +;

7.6. Copies of technical documents (if available) and five authoritative conclusions of professional specialists + author’s reasoning of criteria of the object patentability;

7.7. Photos, images, videos, results of laboratory and other expert analyses, supplementing the objective perception of the object.

 

Results of positive expert analysis and patenting:


 

More than 90 % of professional experts and the necessary majority of representatives of the open expert community voted positively OR more than 90 credits


 

More than 80 % of professional experts and the necessary majority of representatives of the open expert community voted positively OR more than 80 credits


 

More than 70 %  of professional experts and the necessary majority of representatives of the open expert community voted positively OR more than 70 credits


 

More than 60 %  of professional experts and the necessary majority of representatives of the open expert community voted positively OR more than 50 credits

 

More than 50 % of professional experts and the necessary majority of representatives of the open expert community voted positively for passing the patenting in category OR more than 30 credits total of the expert assessment (from maximum 100 credits)

Term of legal validity of patenting certification and content of regime periods of patenting

Term of legal validity of patenting results (expert verdict) as well as documents and attributes, prepared on the basis of such results, is divided into 4 regime periods:

  1. First – Initial regime period- one calendar year from the moment of the official formalization (announcement) of patenting results. This period includes the preliminary determination of author’s priority, because during the stated first year of patenting protection and two following years representatives of the open international expert community and persons concerned can express their opinions concerning the patentability of the patenting object. Such synchronous procedure of constant expert assessment and support of the creative activity result allows providing openness (democracy), objectivity and fairness of the patenting mechanism, wide distribution of information about the object and patenting protection. During the stated preliminary period the IASHE considers statements of experts and inquiries of persons concerned, prejudicing the patentability of the relevant object. If these applications are multiple (more than 3), representative (coming from persons not connected with each other in any way), verified (claims are based on legitimate documents and undisputable facts) and fair (authors of claims do not have own purposes), the IUCI will have the right to temporarily stop granting the patenting priority – up to the examination of all consequences of emerging disputes. Following the results of such examination presence of grounds for the acknowledgement of the author’s priority for the similar, same or fundamentally equal result of creative activity of another person may be detected. In this case the granted patent is recalled and the patenting priority based on it loses its legal force. If the open international expert community approves the presence of patentability criteria in the relevant creative activity result by the majority of not less than 2/3 of votes during the Initial regime period, the patent for this object will be prolonged for one year and the author of such object will get the prolongation of the official acknowledgement of the author’s priority. In other case previously granted patent and the relevant legal consequences will be cancelled.  
  2. Second – Official regime period – one calendar year following the Initial regime period. This period includes comprehensive verification of patentability of the object and substantiation of the author’s priority granting. During the second year of patenting protection and the year following representatives of the open international expert community and persons concerned can go on expressing own opinions concerning patentability of the patenting object. During the stated preliminary period the IASHE continues considering statements of experts and inquiries of persons concerned, prejudicing the patentability of the relevant object. If these applications are multiple (more than 5), representative (coming from persons not connected with each other in any way), verified (claims are based on legitimate documents and undisputable facts) and fair (authors of claims do not have own purposes), the IUCI will have the right to temporarily stop granting the patenting priority – up to the examination of all consequences of emerging disputes. Following the results of such examination presence of grounds for the acknowledgement of the author’s priority for the similar, same or fundamentally equal result of creative activity of another person may be detected. In this case the granted patent is recalled and the patenting priority based on it loses its legal force. If the open international expert community approves the presence of patentability criteria in the relevant creative activity result by the majority of not less than 60% of votes during the Official regime period, the patent for this object will be prolonged for one year and the author of such object will get the prolongation of the official acknowledgement of the author’s priority. In other case previously granted patent and the relevant legal consequences will be cancelled. On the basis of the successful passing of the Official regime period of patenting by the creative activity result the verification of the relevant author’s priority is accompanied by the significant strengthening of legal protection of the patenting object. This presupposes: signing of the open one-year agreement between the author (or another authorized possessor of rights) and the IUCI concerning the international distribution of the patenting object; setting up commercial contracts by the IUCI on behalf and in interests of possessors of rights; settlement of disputes with third parties on terms and conditions coordinated in the agreement. This agreement includes the arbitration clause and indicates the special competence of the American International Commercial and Arbitration Court (AICAC, Wilmington, USA). Thus, in case if the dispute with persons concerned and the IUCI concerning the copyright or the related rights for the patenting object arises, the AICAC will have the alternative competence (with grounds for the primary jurisdiction) to settle such a dispute. Settlement of the stated disputes by the AICAC will b border=e beneficial for authors of patenting objects or other possessors of rights because all data, information and evidences related to facts of author’s priority are provided by the IUCI to the AICAC after the conclusion of the abovementioned agreement – even before possible emergence of any disputes. 
  3. Third – Legitimate regime period – one calendar year following the Official regime period. This period includes the final verification of patentability of the object and substantiation of the author’s priority granting. During the third year of patenting protection representatives of the open international expert community do not examine the patentability of creative activity results. At the same time persons concerned still can address the IUCI with inquiries prejudicing the patentability of the relevant object. If these applications are multiple (more than 5), representative (coming from persons not connected with each other in any way), verified (claims are based on legitimate documents and undisputable facts) and fair (authors of claims do not have own purposes), the IUCI will have the right to temporarily stop granting the patenting priority – up to the examination of all consequences of emerging disputes. Following the results of such examination presence of grounds for the acknowledgement of the author’s priority for the similar, same or fundamentally equal result of creative activity of another person may be detected. In this case the granted patent is recalled and the patenting priority based on it loses its legal force. If presence of patentability criteria of the relevant creative activity result is verified during the Legitimate regime period, patent granted for such an object will be permanently prolonged and its author will get the exceptional regime of acknowledgement of the author’s priority. In other case previously granted patent and the relevant legal consequences will be cancelled. During the Legitimate regime period of patenting the verification of the relevant author’s priority is accompanied by significant strengthening of legal protection of the patenting object (possibility for the interested author or another possessor of rights to get any absolute legal guarantee from the IUCI).
  4. Fourth – Exceptional regime period is not limited in time. It allows additional verification of the patenting legitimacy with the help of legal guarantees of the IUCI as well as procedures of arbitration verification and support of patenting. During the stated period the author’s priority cannot be disputed through direct inquiries to the IUCI from persons concerned.

 

Continuing regimes of the patenting procedure ensure objectivity, reasonableness and prestige of this procedure. At the same time this consequence does not mean that the legal fact of passing the procedure of patenting by the relevant object comes into force only after completion of all regime periods of patenting. Patenting procedure consists of several stages. During every stage the fact of passing the patenting is verified, criteria of patentability of the object and the author’s priority of the authorized person (corresponding to the certain level of depth of the expert assessment and relevant legal guarantees and legal protection provided) are defined. The higher the category of patenting expertise carried out and the regime period of patenting, the greater the level of fact-based and legal reasonableness and protectability of patenting results.

 

Cancellation of patenting results and guarantees granted by the IUCI as well as relevant agreements between the IUCI and possessors of rights

 

Positive or negative results of patenting and guarantees of the IUCI as well as relevant agreements between the IUCI and possessors of rights will be subject to cancellation if during their term of validity facts of unconscionable behavior of the following persons affecting the patenting results are proved:

a) initiators of patenting (authors or another rightholders) - concerning the unconscionable intentions while initiation and holding of patenting as well as concerning the unconscientiousness in relation to full and objective presentation of the necessary information to experts, exclusion of misrepresentations and provision of proper conditions for patenting procedures;

b) experts or other persons authorized by the IUCI, violating principles of exclusion of any elements of formalism, incompetence or unconscientiousness during patenting procedures;

c) representatives of open expert community – in case is they commit mischievous actions affecting the results of patenting;

d) third parties, whose mischievous actions or statements groundlessly prejudice the patentability of the creative activity result and directly affect the results of patenting.

 

In case of cancellation of patenting results and the IUCI guarantees on the basis of the abovementioned consequences as well as relevant agreements between the IUCI and possessors of rights, the corresponding legal liability and obligations in compensation of material and other damage caused to all persons concerned is laid on persons responsible for this damage.