Retrospective review russian regulations and methodological documents in the field of IT solutions patents

Abstract

Abstract: the article presents a retrospective review of general and special provisions of domestic regulatory legal acts and methodological documents related to the patenting of IT solutions. The main methodological problem of patenting such solutions is shown, which consists in assessing their fundamental patentability. The identified features of the development of domestic regulation, its fragmentary, not always consistent nature are noted. The norms that are steadily moving from the repealed acts to the adopted ones are commented, providing a uniform practice of applying the legislation that does not cause any complaints. Also commented are the rules that cause dissatisfaction with the developers of IT solutions and examples of the application of the rules, illustrating the difficulty of distinguishing between fundamentally patentable and non-patentable solutions. It is emphasized that it is necessary to develop a set of special rules governing the patenting of IT solutions.