Zemerov and Kosolapov received a patent for the invention “Device for air conditioning in the cabins of mining machines”, which soon began to be used by Ore-dressing Plant OJSC. Upon learning of this, they appealed to the OJSC with the requirement to pay them a reward for two years of using the invention, based on 10% of the savings.
OJSC “Ore-dressing Factory” replied that it is not obliged to pay remuneration, since the economy from the invention is not generated by it, but by the consumers of the devices it produces. In addition, the allocation by the Russian Federation of the Ore-dressing Factory OJSC budget funds for such purposes is not provided.
A few years later, the individual entrepreneur Lemeshev, who wished to use patented products when releasing his products, but was refused a license agreement, applied to the Federal Service for Intellectual Property, Patents and Trademarks with a petition for a non-exclusive license.
Analyze the situation and decide the case. How is the remuneration for an invention determined and in what order is it paid?
After payment you will be available a link to the solution of this problem in the file of MS Word. It should be noted that the problem solutions put up for sale were successfully handed over in the period 2003-2018 and could be outdated. However, the general algorithm will always remain true.
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