Possibilities of patent protection of innovations (on the example of softwares)

In any of the four groups of objects of intellectual rights, it is necessary to talk not only about establishing the right, but also about verifying its use. Software programs are objects protected by copyright, but their optional, voluntary registration with Rospatent is allowed. Although the exclusive right has already arisen when writing the program to disk or on paper, it is advisable to register this right so that there is a legal confirmation document. In addition, it is quite possible to protect the content with the norms of know-how (trade secrets). But here the monopoly becomes a kind of quasi-monopoly due to the lack of registration. After all, when registering, it is necessary to disclose the object of registration, and it is kept secret. As for patent law, it is the establishment of an exclusive right through its state registration, a patent is really a monopoly, limited, of course, by the framework of the state and the scope of the patent, but it is necessarily granted in exchange for disclosure of information. So, in relation to softwares, there are such protection possibilities as copyright, know-how and patent law. However, paragraph 5 of Article 1350 of the Civil Code states that softwares are not inventions. In this connection, article examines the possibilities of patent protection of innovations (using the example of softwares). This article is published based on the results of a report presented at the All-Russian Scientific and Practical Conference “Topical issues of intellectual property protection in educational activities”

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