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business

Patent, 
or the way to legal business

 You can invent something all your life and to be an odd fellow for people. But if your invention is registered officially and the patent is taken out (a patent is a document, which legalizes your invention and your right of its using), you become a generally recognized inventor. Only now you can use you oddity, discovery or improvement, derive a profit from it, allow other people to use it or take leave of your invention and sell it.

In the Middle Ages in the countries of Western Europe a patent gave the right of holding posts and titles (for example, a peer title, an earl title). It was also a document, which granted the right of having own business.

According to statistics, registration and taking out a patent wasn’t a simple matter in Russia. A patent was called a privilege. In the 19th century more than 50 inventors wanted to take out such privilege for using a steam car. But the majority of them were refused. Owing to such refusal, Kazemir Yankevich (1830) couldn’t use his high- speed car and the idea of using paved roads in Russia, which belonged to Vasily Gur’ev, wasn’t realized, too.

However, some lucky men managed to patent their invitations. D. A. Zagryazhsky (1807 – died after 1860) was among them. He invented a carriage with “immovable wheels” (i.e. driving sprocket) in 1837. Unfortunately, D. A. Zagryazhsky couldn’t realize his invention because of lack of money and 2 years later his privilege was canceled.

U. A. Dolmatovsky wrote about American inventor George Selden (1846-1933) in his book “A Car During 100 Years” (Moscow, “Znanie”, 1986). Nobody saw his self-propelled carriage in action as Zagryazhsky’s carriage, but he was a notary and knew laws very well. In 1879 George Selden made a patent request, making all documents in such way that any carriage with petrol engine could be considered as his invention. When he took out a patent, he began to demand money from people who used petrol engine. If somebody didn’t want to pay him, he brought an action against him and always won the case. But once George Selden lost his case: the court decided that he must make a carriage according to his project. However, by lucky chance, the carriage was placed in the museum.

So, somebody is lucky and somebody is not. But sometimes luck is “stripy”. In 1888 on the 23rd of July D. B. Danlop patented his invention – a tire. At first, everything was excellent. D. B. Danlop invented a tire for his son’s tricycle with the help of watering hose, material for medical aprons and rubber glue. Not only his son liked father’s invention, it began to bring in revenue. People, who were interested in buying the patent, appeared. But suddenly it turned out that such invention wasn’t the only one. In 1845 R. V. Thomson invented such tire, but it failed at that time.

In any case, if you want to have a legal business, you have 2 ways: to invent yourself and take out a patent or to buy a patent (a licence) and have the right of using somebody’s ideas and inventions. Patent law of Russian Federation from the 23rd of September, 1992, 3517-1 and legislative acts of Republics of Russian Federation are the base of patent laws in Russia.

 

 

 


Девичник. 2001- 2006.
  Авторский журнал. 
© "Девичник/ Devichnick", 20012006.
© Оформление, текст, фотоматериалы Молотилова Л. К., 20012006.
Перепечатка без письменного разрешения запрещена.
Для писем:
privet@devichnick.ru, 109147, Москва, а/я 4.