Application for an invention. Phips - federal state budgetary institution Federal Institute of Industrial Property

Patent and Legal Bureau "Intellectual Capital" provides assistance in obtaining a patent for an invention on favorable conditions. The company’s highly qualified lawyers provide high-quality results in a short time with a guarantee high degree protection.

How much does it cost to file a patent for an invention?

Before registering an invention, it is necessary to ensure that it is novel, non-obvious, and industrially suitable. This information is verified by the company you entrusted to obtain the patent. The cost of verification depends on the area in which the search is carried out:

• medicine;
• chemistry;
• mechanics;
• automation.

A separate stage of filing a patent for an invention is patent research. It is a study of trends in the development of science and technology, determining the patentability and “purity” of an object intellectual property.

Price state registration patent for an invention is fixed. It changes upward only if several objects are submitted for registration at once.

We also provide other services in this area. It's about keeping the patent valid and international registration. For the provision of the first service you need to pay 5000 rubles, however, you will also have to pay a state fee. Detailed description You will find registration procedures in international format in the table given on the page. In it you can also find information about how much it costs to issue a patent.

Find out how much a patent for an invention costs from our price list.

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Novice inventors are often tempted toapply for an invention on our own and to do this, use any templates, for example, samples, examples of patents for inventions. If you do not have positive experience of submitting at least 3-5 applications, then we do not recommend doing this - you will only waste time. High-quality patenting is not a simple matter; it has numerous underwater rocks and demands highly qualified. Evenobtaining a patent does not guarantee reliable protection- must always be kept in mind actual scope of protection rights of this patent, the possibility of circumventing the patent and the possibility of invalidating it at the request of competitors. True, there are certain positive cases of registration simple inventions according to templates or samples, but they are so rare that they only confirm the recommendation - patent through specialists or with their help.

Nevertheless, in many cases it is useful to have on hand examples and samples of patents for an invention, or rather samples and examples of descriptions of patents and claims. Such samples and examples will be useful for obtaining (creating) ideas about the forms and options for filing applications and patent protection. In addition, from the description of some patents it is possible to extract individual methodological techniques patenting.

The criteria for a high quality patent are:
- Expanded scope of legal protection, which is determined by an independent claim.
- Difficulty or impossibility of circumventing the invention, in particular patenting parallel technical solutions.
- The impossibility of protesting and/or revocation of a patent.

If you still decide to apply on your own, follow the recommendations specified in official documents Rospatent –Administrative regulations on inventions And Guidelines for the examination of applications for inventions , as well as our recommendations in the section “ ».

Below we provide some examples of descriptions and formulas active patents for inventions.

• An example of a patent for an invention (method) with one independent claim,RF patent for invention .
  Such a patent only protects a specific simple technical solution. Such an invention can easily be overcome by numerous technical variations. The above example can serve as an example of a patent for an invention, which is a simple method.
• An example of a patent for an invention (device) with one independent claim,

As you know, every innovation in technology, in addition to its scientific achievement is obliged to go through a special registration procedure provided for by law for assigning intellectual property rights to a specific author. Such actions, first of all, must comply with the procedure outlined in the Laws. Only such measures of the registration process properly secure the right of the innovator to his creation.

IN modern world such actions have a special name - patenting, which is a system of steps that must be completed to obtain documentary evidence state standard, which will confirm the intellectual property right to the result of work.

Although this procedure is clearly described in the legislation, people who are not involved in jurisprudence often find it difficult to navigate some of the provisions. Therefore, today we invite you to consider the issue of creating a package of documents necessary for patenting. What exactly will be needed, how to write an application, what is an abstract and outline? You can find the answer to all these questions in the following sections.

Patent for invention

So, first of all, let’s try to define the term “invention” itself and the need to patent it. WITH legal point From a perspective, such a concept is considered as the intellectual property right of the author to a created object, which is distinguished by world novelty. In this case, the last fact is decisive. It denotes the uniqueness of such a creation, that is, its previous absence in the world of technology. The creation of this kind of innovation requires proper fixation on state level. That is, in order to confirm your right to innovation, you need to go through the patenting process.

Before filing a patent for an invention, make sure that your creation is an invention. So, in modern science There are two more concepts that border quite closely on the subject of our topic. These include an industrial design and utility model. Both phenomena have a certain scope of innovation. But, if we compare them with an invention, it is worth noting that this kind of technology is in the nature of an improvement, and not the development of a completely unique item.

Thus, an industrial design is an author’s solution to rework the internal structure of a previously existing item. That is, here we're talking about directly about technical specifications and principles of operation of the mechanism.

If we talk about a utility model, then such authorship is registered when changing appearance technologies. The work is being carried out to change the design and introduce some new visual elements.

Therefore, in order to decide to patent your invention, find out for sure that it is not an improvement of previously used technology. Besides, important aspect will be a search for identical material. It involves familiarization with inventions that have previously been patented. The easiest way in this case is to use electronic system state standard, which contains information about all registered rights. Such a service is a list of technologies that explains their internal and external characteristics, ways of adaptation. You can find this resource.

How to obtain a patent for an invention

After the compliance of the subject of development with the conditions of uniqueness has been verified, the patenting process can begin. To do this, several steps must be taken. These include:

• collection of documents;
• their submission to the relevant government agency;
• obtaining a patent.

Each of these stages is of no small importance. Their sequence also plays a decisive role. It is impossible to put such steps in any other order, since the whole point of the registration process will be lost.

It is also important to understand that the patenting procedure is carried out exclusively by one government agency. No other entity has the right to do this kind of action. Today in Russia, the intellectual property law division, Rospatent, is responsible for issuing patents. This specialized body, which is endowed by the state with the rights to conduct the registration process of inventions, industrial designs and utility models. Only Rospatent has the right to issue Patents.

It should also be noted that for the convenience of citizens, the division for intellectual property rights has a wide system of branches. They are fixed by territorial principle. That is, depending on administrative division throughout the territory Russian Federation Representative offices of Rospatent are located.

Application for a patent for an invention

Probably the most important thing in registering intellectual property rights for an invention is the formation of an application. First of all, let's look at what it is. Patent application– this is a set of documents that are defined by the state as mandatory. On its basis, a case is opened to begin registration of the right to an invention, and an analysis is carried out necessary materials and all statements are entered into unified databases state level data.

Today, this complex includes the following documents:

• special state application;
• description of the subject of intellectual property rights;
• the formula of the invention, which reveals the essence of the innovation;
• a schematic representation of the internal and external structure of the invention;
• an abstract explaining the essence of the innovation.

Separately, you can also submit an application for the possibility of using the subject of intellectual property rights as an object of alienation. That is, such a document will allow you to sell your invention in the future.

The first five documents are mandatory. In any case, they must be provided to the state registrar, since the absence of at least one of them will serve as a reason for refusal of patenting. If we talk about last statement, then its supply depends on own decision author. The Laws do not provide for such a document as mandatory. Also, in addition to the fact that the entire list is provided in printed form, you must also submit electronic copy all documents. At the same time, you need to have confirmation of the identity of the paper and electronic versions.

All documents, except the application, can be created on foreign languages. But, it is worth understanding that in order for them to be accepted by the state registrar, it will be necessary to attach their official translation in writing.

In addition, there is also a list of supporting documents that do not themselves explain the essence or structure of the invention. These include:

• document confirming payment of taxes for the implementation of registration actions government agency;
• a document confirming payment of a tax in a smaller amount, or exemption from payment.

In addition, it was developed special instructions, which regulates in detail all the provisions regarding the preparation of the application patent sample to register an invention. We invite you to familiarize yourself with it in this document

Application for a patent for an invention

This is one of mandatory documents for registration of intellectual property rights. Each author is obliged to provide it in correct form and from all over necessary information. The application has special form, which was developed by government agencies. It is mandatory throughout Russia. Completing an application manually own sample will cause a refusal to apply for a patent.

Therefore, first of all, each author of an invention needs to find a form for such a document. You can get it directly from the office of the intellectual property rights authority. In addition, we are all users of information and communication technologies. Therefore, in order to avoid going to Rospatent, you can use electronic resources. First of all, you can find the application on the official website of Rospatent. To speed up this process, we suggest you download it from us

The information is entered in the proposed fields of the application. At the same time, if there is a need to indicate some data, but there is no space specifically allocated in the document, you can use attachments, the presence of which must be indicated in the application.

The upper specially designated spaces for affixing the date are not filled in by the applicant. The corresponding marks are put directly by the state body itself at the beginning of consideration of the patent case.

Additionally, it is important to understand the difference between an author and an applicant, as both must be included in the application. Thus, the author is the developer of the invention himself, the person who claims to receive intellectual property rights. In addition, there may be several authors, because quite a lot of developments are created by the joint work of several people. The applicant is the person who directly submits the application itself to the intellectual property rights authority. It can be either the author or a third party who acts on behalf of the creator on the basis of a power of attorney. There can be only one applicant. Moreover, if these two persons introduce themselves different people, then both of them must sign the application.

You must fill out the form carefully and carefully. If there are corrections in the document, the government agency will refuse to accept it. Therefore, it is not allowed to cross out or correct information in the application.

This document is filled out using a black pen. All data is entered in printed font and in capital letters. The easiest way is to enter information on a computer and then print it out. But, filling out by hand is not prohibited, so choose what is more convenient for you.

Description of the subject of intellectual property rights

Invention patent documents include special description. It is an explanation of the essence of the invention, which should fully reveal the features and operating principles of the technology. Such explanations in mandatory must be understandable to a specialist in the field in which the use of such an invention is planned.

The description itself can be divided into several sections, where information will be provided about:

• section of the technology to which the subject of the invention relates;
• level of technology;
• the very essence of innovation;
• a list of diagrams and drawings, if any are included in the application;
• data that confirms the possibility of using the invention in life.

Such information cannot be of a referential nature. That is, previously patented models cannot be sent to literary sources. All data must be complete and logically presented.

Formula of invention, which reveals the essence of innovation

This application serves as an indicator on the basis of which the state body determines the level of legal protection of the invention. The formula should express the essence of the subject of innovation itself. This summary descriptions mentioned above. That is, the main condition for its preparation is conciseness and accuracy.

This formula can be expressed in two forms:

• single-link;
• containing two or more units.

The first option is used when describing a single invention, without providing explanations for use in particular cases. Two or more points indicate the characteristics of an object with the totality of its components. But, at the same time, such an explanation also concerns a single invention.

The main requirement for drawing up a formula is the need to indicate those parts in which the object has the greatest similarity with analogues and those points that become distinctive.

Schematic representation of the internal and external structure of the invention

Such documents, as a rule, are drawings or diagrams. As already mentioned, their presence must be indicated in the description.

Creating a schematic image provides the state registrar with the opportunity to familiarize itself with internal structure inventions. This helps define uniqueness. A clear acquaintance with the operating principle of the subject of intellectual property rights becomes one of the factors that influences the determination of the level legal protection patented invention.

The main task of such documents is to prove the uniqueness of the author's creation. That is, by depicting the invention schematically, its essence and world novelty are revealed, which in this form is more noticeable.

Abstract explaining the essence of innovation

Another main document is the abstract. It is not a structured presentation of information, as we are used to. This is enough short description the essence of the subject of the invention, its operating principle and scope of use.

At the same time, it is worth considering that the law recommends not to exceed a thousand printed characters. That is, when drawing up such a document, it is necessary to succinctly lay out all the information. This order provides a brief introduction to the main nuances of development.

Secondary list of documents

As we have already said, these include a document confirming payment of taxation and, if there are benefits, a certificate of granting the right to use the simplification of payment of state fees for registration actions.

First of all, it is worth noting that patenting is quite difficult process, which requires certain expenses by the state. In order to compensate for such costs, each person who files a patent application is charged National tax. Without this fact, no intellectual property law department will accept your documents for the registration process. Therefore, after everything has been collected Required documents, go to a bank branch to pay the state fee.

Today, there are several services that you will need to pay for. First of all, this is the actual acceptance of the examination. The tax amount for this item is 1,650 rubles. In addition, in this case, you will need to pay for a formal examination. IN in this case the size depends on the number of items specified in the description of the invention. For each of them you will need to pay 250 rubles.

Once accepted positive decision In the initial examination, the application is accepted for consideration and consideration of uniqueness in essence. To conduct this type of examination, you need to pay a tax of 2,450 rubles. In addition, for each separate item, which is indicated in the formula, you will need to add another 1,950 - 3,400 rubles, depending on its independence.

You can pay taxes at any bank. The legislation does not provide for any special bindings in this case. The most important thing is to find out the details that need to be used to make the payment. To do this, you can contact the department itself directly. government agency on intellectual property rights or find its data on the Internet. Be sure to pay to the account of the authority to which you will submit your application.

In addition, another important point This section is that the receipt must be in the name of the person who submits the documents. That is, if the author pays the tax and goes to Rospatent confidant- the application will not be accepted. The name of the applicant and the person who carried out the taxation must be the same.

If a person has benefits, provided for by law, which allow him to reduce the amount of tax or completely get rid of paying it - it is necessary to provide copies of them.

Application form

Once the entire package of documents has been generated, they must be submitted correctly. First of all, if you use the services of a third party, then you must attach a power of attorney to the main list of documents. At the same time, it must indicate:

• names of the parties;
• a precise indication of the right of a third party to represent the interests of the author in government bodies;
• clause on the right to file a patent application to register an invention;
• date of preparation and validity period.

It is important to note that this type of power of attorney cannot have a validity period that exceeds three years. If this fact is violated, the government agency will simply refuse to accept the application.

There are several ways to submit. The most common of them today is a personal visit to Rospatent and the transfer of the entire package of documents to the state registrar. IN work time the applicant goes to the relevant authority and, on the basis of his passport and, if necessary, a power of attorney, submits an application to the registrar. He conducts an initial analysis and either accepts the documents or refuses registration.

The second form is sending by mail. Quite a few people use this method. In this case, you need to visit any Postal office And by registered mail send an application to the address of the state authority for intellectual property rights. The main thing is not to forget to make an inventory of what was included in the envelope.

Also, in the era digital technologies you can use by electronic mail. In this case, a system is posted on a special website of the state body that transfers the application from the author to Rospatent. But, in this case, in addition to all the previously listed documents, you need to have electronic signature. It must be purchased from special licensed companies.

Well, the last option is fax. Now few people use it, but nevertheless, such an opportunity exists. In this case, the application is submitted by fax to the registration authority. But, after that, the applicant has exactly one month to provide the original documents, otherwise the whole process will stop and there can be no question of any patenting.

Is it possible to obtain, file and obtain a patent on your own without outside help?

Yes, it is possible that any citizen of the Russian Federation has the right to submit an application for an invention, utility model or industrial design on his own behalf or to represent the interests of other persons in the patent office if he has the appropriate power of attorney.

Pros: No service costs.

Minuses: High costs time to study the Civil Code of the Russian Federation Part 4 and regulations and conduct, inevitable difficulties in correspondence with the patent office, a high chance of refusal to issue.

How to file an application for a patent for an invention, utility model or industrial design?

This page will contain information for those who cannot or do not want to use the services of our or any other patent office.

Our patent attorneys will share secrets and explain in detail how to carry out patent search, write a formula, complete and submit an application for a useful model, industrial design, utility model or trademark, correspondence with the patent office, and how to reduce or avoid paying patent fees.

In our patent office, you do not have to pay in full for the entire application, but order separately a patent search, drawing up a formula, drawing up a description, analysis of examination requests, response to a request patent examination, drawing up complaints about misconduct patent examination, order a search for patents by their numbers, translation of patents and delivery of them to you by mail or e-mail, and, if necessary, you can make payment remotely using the electronic money system Webmoney, Yandex money, etc. Our task is to give clients the opportunity to save on our services, ease their and our labor costs and make working together as efficient as possible!

One of the important stages on the path to obtaining a patent for an invention is to complete an application, and it is very important to do it right.

An application for an invention must be filled out on a specially designed form, the form and content of which are approved by Rospatent. In the application, in addition to the most important information about the author, applicant and the invention itself, some other data should be indicated.

Sample application for an invention

Filing an application for an invention

At the top of the first sheet of the application there is space for FIPS employees to enter details after submitting it, and these fields do not need to be filled out. The first column that needs to be filled in is “Address for correspondence” 1 - located at the top right and serves to enter the address for sending correspondence at which correspondence will be carried out with the applicant. Phone, fax, e-mail are also indicated here 2 when the application contains information about secret development, a special address is required 3 .

The applicant is the future patent holder; he will own all property benefits, income and the right to determine how best to use the invention.

Information about the applicant himself is indicated in column code 71, and must include full name and place of residence (for individual) or name and location (for legal entity) 5 . In this case, the exact mailing address indicating the country. In the same column below, it should be indicated, when this occurs, that the applicant works under government contract (the right option is noted in certain cells; the name of the contractor or customer, as well as data about the contract, are written next to the lines). In the column to the right of the column with information about the applicant, you must indicate installed code countries according to WIPO standard ST. 3 and don’t forget about the Main State registration number, if the applicant is a legal entity 6 .

Filling out the first sheet of the application is completed by entering data about the representative, if any, in the column with code designation 74. 7 . Here you must indicate the full name and address of the representative, in the line below - the period of representation, and in the columns on the right - the status of the representative, as well as his telephone number, fax, e-mail.

The second sheet begins with a column marked 72, which should contain information about the authors, because the applicant and the author are often different faces. The author does not receive property rights, but without it, the unique development would not have appeared, so the authors must be written about in the application. The full name of the author (or authors) must be provided. 8 . The exact postal address of the author with the name of the country is entered in the column on the right 9 . If the author does not wish to disclose information about himself, this should be noted in the application and certified by the author’s signature.

Filling out the application is not limited to entering information into the form - you also need to attach materials that reveal the essence of the invention, its features and novelty.

After filling in information about the authors, you need to do necessary marks in the cells of the column “List of attached documents” 10 . The application is usually accompanied by: description, claims, drawing, abstract and other documents.

At the end of the second sheet there is a column intended to indicate the figures of the drawings necessary when the time comes to publish the abstract 11 .

When filling out an application, you should pay attention to such an important concept as “priority” - the moment from which the invention is used legal protection. If it is earlier than the date of filing the application with Rospatent, it makes sense to mention this on the third sheet of the application in the special column “Application for priority” 12 and put a mark next to the relevant request 13 .

The completed application must be signed by the applicant or his representative; the last column on the application form is intended for this purpose. 14 . However, one signature is not enough; it needs to be deciphered (surname, initials), and the signature of the person acting on behalf of the legal entity must be sealed.

Preparing application documents for a patent for an invention requires a careful and responsible approach, and often the help of professionals, because correct filling statements are one of necessary conditions fast and successful procedure obtaining a patent for an invention.