According article 1351 of the Civil Code of the Russian Federationa technical solution related to the device is protected as a utility model. A utility model enjoys legal protection if it is new and industrially applicable.
Previously, in order for an application to obtain a patent of the Russian Federation for a utility model to meet the requirements of its design, namely, to meet the sufficiency of disclosure, to be clear to a specialist in this area of technology, in 95% of cases where the description was supported by general design drawings of the device with design details. The description contained a section titled “Brief Description of the Drawings”, which provided detailed explanations of the parts that make up the device and how they are interconnected.
From the beginning of 2021 to expand the use of electronic technologies in the registration of intellectual property objects within the framework of the entry into force Federal Law No. 217-FZ “On Amendments to the Fourth Part of the Civil Code of the Russian Federation” of 17 January 2021, on the basis of which modifications were made to 2° of article 1354, 4° of 2° of article 1375, 4° of 2° of article 1376, 2° of 2 ° of article 1377, 2° paragraph 3 of article 1492, namely the expression “drawings”/”set of images of products” has been supplemented by the words “… three-dimensional models of the invention and the utility model in electronic form “/”… at the request of the applicant, a three-dimensional model of the utility model in electronic form”.
Thus, at the present time, if it is necessary to better disclose the essence of his design or model, the applicant has the possibility of attaching to the description a 3D model of the technical device claimed in electronic form, if he apply in hard copy through the FIPS Document Acceptance Window – in a machine-readable medium in the formats: U3D, STEP, OBJ, STL, PRC or if applying through a Personal Electronic Account, attach the appropriate file with the application documents.
Since the 3D images provided, as well as the two-dimensional drawings, are used for the interpretation of utility model claims, this allows the applicant to increase the effectiveness of the protection of his exclusive right, at the exclusion of errors in the understanding of the construction and principle of operation of the device, and also due to the possibility of presentation of the amended claims of the utility model in the answers to the requests for examination as to substance of the application by introducing the features visualized from the three-dimensional model, but not disclosed earlier in the description.
For many candidates working with AutoCAD, Compass-Graphics, Solid Works, Compass-3D, CATIA and other popular computer-aided design systems, including those for three-dimensional modeling, it is not difficult to prepare a three-dimensional model for an application in electronic form.
In addition, this model makes it easier for the examiner to understand the distinctive features of the design of the claimed device by increasing visual perception, and for the applicant to increase the chances of recognizing the utility model corresponding to the conditions of patentability. “novelty” and “industrial applicability”.
Also, specially for Rospatent SPbPU in cooperation with “I-Teco” has developed an intellectual system called “3D Intellectual Property” (“3D IP”) which makes it possible to electronically attach files to requests and to compare the 3D digital models proposed by the requesters with the objects already present in the database, which will help in the near future the experts to reduce the search time considerably. To date, according to data from public registers of inventors for the past year have already submitted more than a thousand such applications.
It should be noted that the possibility of characterizing a technical solution by a three-dimensional model is possible not only in the application of the utility model, but also in objects of intellectual property such as inventions, industrial designs and trademarks. However, in practice, for utility model applications, the representation of the three-dimensional model has proven to be a more popular option because, unlike the invention, only appliances are protected as a utility model. .
However, on 03.02.2021 the invention application was filed in Russia. Application № 2021102385, illustrated by means of the file of a three-dimensional model in electronic form, for which patent RF № 255174 “A ribbed dome of glue-decker arch trusses”, published on 13.09.2021, has already been received. The format of the attached file: *.stl. The presented three-dimensional model of the structure of the dome includes an assembly of glued wooden arch trusses and other structural parts and elements.
So, thanks to the direction of the development of information technology by Rospatent, applicants can now disclose the essence of their development in more detail, and examiners can promote patent search faster, better understand the essence of the solution proposed and assess its patentability, therefore, if possible, all inventors are recommended to submit their applications using this new meeting.