PROTECTION OF INDUSTRIAL PROPERTY AND NEW PRODUCTS

摘要

The precondition for marketing a new competingrnproduct is protection of the solution with a utilityrnmodel or patent. Both have their advantages and disadvantages.rnTextbooks belonging to the classics ofrnconstruction pay little or no attention to the issues ofrnindustrial property, including patents.Upon inventingrna new product one has to do a patent search in orderrnto determine what solutions in the given field arernprotected. Concurrently with analysing and investigatingrnthe solutions described in patent specificationsrnthe brain generates new ideas that can bernviewed as individual brainstorming. If the final solutionrnof the new product has been completed and patentrnsurveys show that it qualifies for protection, arnproper patent description along with patent claimsrnhas to be prepared. It is wise to call for the assistancernof a patent agent or specialist, because an examinerrnof the patent office of the correspondingrncountry has to understand the purpose and essence ofrnthe invention, i.e. the thesauruses of the inventor orrndesigner and the patent examiner must be at or reachrnthe same level. Otherwise the usual 3-5-year patentrnprocess may prove to be twice as long. At the samerntime, it has to be considered, depending on the product,rnthe country and the patent system, whether to userna utility model or a patent for protecting the industrialrnproperty. The advantage of a utility model is thernspeed of receiving the certificate and the disadvantagernis the lack of substantive examination. On thernwhole it can be said that in teaching designers muchrnmore attention has to be paid to protection of industrialrnproperty than has been up to now.