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20,000 RUB.

1,500 RUB. (for each design option over 1)

Preliminary patent search to determine patentability

According to Civil Code in the Russian Federation, only a new and original design. Moreover, after the design is made public (for example, through the release of a product catalog, publication on a website, participation in exhibitions, entry into civil turnover) its owner has 12 months to apply for a patent on industrial model. IN otherwise, the examination has the right to refuse to issue a patent.

You must draw or photograph the design as it appears in the product. Detailed Views may be displayed separately. The function of drawings or photographs is to show the design clearly. Drawings or photographs must correspond to and complement the description.

They must be clearly reproduced using photocopying equipment. You must send all drawings flat, not rolled, and they should be protected with a heavy sheet of cardboard. All lines must be clear and complete. You can use dotted or dotted lines to distinguish the surrounding structure, but the article itself must be displayed solid lines. You have the opportunity to highlight design features with heavy black lines or other methods until the result is clear and can be reproduced using photocopying equipment.

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We recommend that our clients, before submitting an application to Rospatent, conduct a patent search to determine the possibility of registration as an industrial design. Firstly, this makes it possible to identify all the circumstances that prevent the registration of a design as an industrial design, i.e. identify all identical or similar design solutions. Secondly, it allows you to finalize the design before submitting an application for registration if circumstances are identified that impede registration. And thirdly, identify analogues that are necessary when preparing a description of an industrial design.

Do not include hatched or broken lines, which depict hidden structural or functional details that are not part of the design. Photos. Must clearly show every design feature. The angle at which the photograph is taken should not distort the true image of the product, and it should stand apart from a neutral background.

Scale - all drawings should be large enough to clearly see what is being described. They should also be consistent in terms of scale and should be easy to read. Content - Your drawing or photograph should show each design feature as it relates to the article in which it was included. This may require more than one type. Design department will not change drawings.

FROM 25,000 RUB.

1500 rubles (for each design option over 1)

Obtaining a patent for an industrial design

The procedure for patenting an industrial design takes an average of 12 months.

An application for an industrial design includes a statement, a description of the industrial design and a set of its images. The scope of legal protection is determined by the essential features reflected in the images of the industrial design, therefore it is very important that the images are of high quality.

Number of Views - Your drawings or photographs should contain as many views as necessary to clearly represent the design. Location of views - all views on one sheet should face the same direction and be readable in vertical position. You should not overlap one shape with another or place it inside the outline of another. If views longer than the width of the sheet are needed to clearly illustrate the design, you can turn the sheet to the side. The previously stated 5 percent margin will be on top.

Shading - You can use shading on your drawings if you want. It is standard practice to use heavy lines on the shadowed side of the subject. Various functions. Sometimes you will need to show the following features: open and closed items, cross-section views, fragment views, flexible items, transparent items, and indeterminate lengths and repeating patterns.

After submission, the application undergoes a formal examination within 2 months. Further, according to the application, an examination of the industrial design is carried out. At this stage, a patent information search is carried out, based on the results of which the examination makes a decision to issue a patent or to refuse to issue a patent. The period of examination of an industrial design is 10-12 months. When positive conclusion examination, the application moves to the third stage - assignment registration number, publication in the State Register and issuance of a patent. Final stage lasts on average 1.5 months.

You drawings or photographs may show views of the article in both the open and closed positions or in the expanded and retracted positions only if such views are necessary to identify structural elements specified in the description and if the product is normally seen and used in these different positions You can provide a cross section if necessary to show the external profile of the product. Indicate the open cut surface using slanted parallel section lines. Do not use symbolic section lines to suggest a specific type of material.

If the examination has questions, a request may be sent to the applicant, which increases the period for obtaining a patent.

Our Bureau's patent attorneys have extensive experience working with industrial designs, which allows them to obtain patents for the most complex objects.

FROM 5,000 RUB.

Maintaining an industrial design patent in force.

If your article has multiple components, the drawings or photographs should show the assembled article. Don't show exploded views. Additional or more specific information on how to present these features can be obtained by contacting the industrial design office.

Identification - Title, descriptive matter, dimensions or names do not need to be included in the drawing, but you may sign in the lower right corner of each sheet. Samples - The Office may ask you to provide a sample design to complement the drawing or photograph.

Maintaining a Patent

A patent for an industrial design is issued in total for 25 years. It is necessary to take into account that a patent for an industrial design requires maintenance once every 5 years. For this it is necessary to fixed time pay patent fee for maintaining the patent. If maintenance fees are not paid, the patent will expire and anyone will be entitled to use your design free of charge.

Keep in mind that the purpose of the above rules is to allow examiners to clearly see your design as consumers see it. Multiple representations of the same design. Your industrial design application should be limited to one design, but you can include multiple representations or variations of that design. These representations must satisfy the following conditions.

The original design features in each representation should not be much different. The article or articles to which the design is applied must be of a similar nature. You can add multiple views of the same design to your app at any time before registration. You don't have to pay additional fees for this. But if you change your design significantly, you will have to submit a new application. Once your project is registered, no further changes are made.

Within three years after the patent expires, it can be reinstated. To do this, it is necessary to pay a fee for restoration of the patent and send it to Rospatent.

ATTENTION! The responsibility for monitoring the validity of a patent lies with the patent owner. Rospatent does not send any warning correspondence reminding about the need for payment. Also, Rospatent does not notify patent holders about the offset of payment for maintaining the patent in force.

The process of obtaining project registration consists of three individual stages. Registration of initial processing, i.e. production of a registration certificate. Your application will be subject to a preliminary review by clerical staff to ensure that essential administrative requirements. At this time, a certificate of issue will be issued; it is simply confirmation that the application has been received and processed. It also gives you the number assigned to your application. If the application is incomplete, you will also receive a notification about what is required to complete it.

Our specialists will take on the responsibility of tracking the timing of payment of maintenance fees, informing patent holders about the status of their patent, the amount and timing of the next payment.

FROM 8000 RUB.

Making changes to registration. Registration of the transfer of the right to a patent or the right to use a patent.

Making changes to registration

In case of changes in the legal form of the patent holder or its name, or legal address, the patent holder is obliged to notify Rospatent of these changes. These changes will be entered into the State Register industrial designs. The procedure lasts for 2 months.

Each notice or report issued by the Office will give proper time for an answer. If you don't answer specified period, your application will be considered abandoned. expertise. The first step in this stage of the process is to classify your application according to the specific type of article to which it relates. This is followed by a formal assessment by an examiner who will examine your descriptions, drawings or photographs. These will then be compared to previously registered and published designs to ensure that your design is original and registers.

If you need to assign a patent to another person, you must first draw up a patent alienation agreement and then register the transfer of the right to the patent with Rospatent. Without registration of the transfer of rights, the alienation agreement is void.

ATTENTION!

Registration of the right to use a patent for an industrial design is also required in the event of a conclusion license agreement.

Your design cannot be the same or similar to a design already applied to a similar production item. The wording of the description will also be considered an indication that it accurately and adequately describes the design features shown in the drawings. After this assessment, the examiner will either allow the application for registration or issue a report. The report will outline the expert's findings and tell you what information or adjustments are needed.

If the examiner expresses some concerns about your application, you may be able to satisfy them by providing information or making suggested amendments. Don't feel like you have to refuse an application simply because an objection has been raised. If you do not fully understand the report, call the examiner for clarification. The phone number will be indicated in the report. You have four months to respond otherwise your application will be abandoned. If this happens, you can restore your application by responding to the expert's report.

The period for registering the transfer of the right to a patent or the right to use a patent is 2 months.

ATTENTION! To register the transfer of rights or the right to use a patent with Rospatent, the contract itself (alienation or licensing) is not required!

20,000 RUB.

Foreign patenting

A patent issued in Russia is valid only on the territory of our country. In order to extend the validity of a patent to the territory of other states, it is necessary to initiate the procedure for patenting an industrial design in the Patent Offices of these countries.

Appeals. If you cannot satisfy the concerns expressed in the examiner's report, your application will be rejected in the Office Director's final report. You can appeal this rejection to the Patent Appeal Board, which will make a recommendation to the Commissioner of Patents that will either overturn the Director's decision or affirm it in a final refusal. If you are still not satisfied, you can appeal the final rejection to Federal Court Canada, whose decisions, in turn, may be reviewed in Supreme Court Canada.

Our company has reliable foreign partners in the CIS countries, Europe, America, Asia, Africa, Australia and New Zealand, which allows our clients to obtain patents in any country in the world.

One of the most popular is the procedure for patenting an industrial design in the EU countries at the Office for Harmonization of the Internal Market (OHIM). The procedure is very fast - from 5 working days, and the prices are very affordable. The OHIM industrial design certificate is valid in 27 EU countries.

Conflicts. If different people apply for registration for essentially the same design, the Industrial Design Office will examine applications on a first-come, first-served basis. An application with an earlier registration date will be registered. Delayed Registration Requests.

You may want to delay registration. For example, you may want to allow time to market or introduce your design outside of Canada. In this case, you must report this to in writing. You may exercise the option to defer registration at the time of application or at any time before registration. Registration.

Registration of industrial designs is also in demand in China (registration period is on average 6 months) and CIS countries.

Registration of industrial designs

The artistic and design solution of an industrial or handicraft product that determines its appearance, for example, labels, packaging (bottles), website interface, clothing model, etc., is protected as an industrial design. legal protection, if on your own essential features it is new and original. Essential features of an industrial design include features that determine aesthetic and (or) ergonomic features appearance products, in particular shape, configuration, ornament and color combination.

Once approved by the examiner, your project will be registered as soon as possible, subject to the six month waiting period required international convention, has expired and you have not requested a delayed exam. You will receive a certificate of registration which includes a description and drawing of the registered design. This certificate is evidence of the ownership and originality of your design and gives it exclusive right produce, use and sell the design in Canada, in whole or in part. duration.

The Office must receive your request before the first five-year deadline expires, but requests can still be made up to three months after the expiration date with an additional fee. The customer's renewal request must identify the registration by number, title, and owner's name.

A patent for an industrial design is valid for 5 years. However, his can be extended several times for another 5 years. In total, it can be valid for 25 years.

State registration and issuance of patents is carried out by federal body executive power By intellectual property Federal Service for Intellectual Property (Rospatent).

Maintenance can be requested at any time during the first five-year period after payment of the basic maintenance fee. However, there is a six-month Grace period, during which time service may still be requested, but an additional fee will be required.

You don't need to tag your product to indicate that it is registered as a design, but labeling does give additional protection. If your item is marked in this way, the court may award a remedy legal protection, such as financial compensation, in the event that someone is accused and found to be "infringing" its design. If there is no such mark, the court cannot award any remedy other than that it prohibits the other party from using your design. Exercising your rights.

To go through the patenting procedure, you need to submit an application to Rospatent. It can refer to one or more objects that form a single creative concept.

Such an application must contain:

statement;
a set of product images;
a confectionery card and a drawing of the product, if they are needed to reveal the essence of the object;
description of the object.

It is also necessary to pay a state fee. In this case, it is 850 rubles. The prepared documents must be submitted to Rospatent. After this, a formal examination will be carried out. It is a check of the presence of all documents and their compliance established requirements.

As the owner, you can file a lawsuit against anyone who infringes your design in Canada. It is your responsibility to take such action and you must do so within three years of the alleged violation. The Industrial Design Office will not initiate trial on your behalf or in any way protect your rights. Marketing rights.

As the owner of a registered industrial design, you have the exclusive right in Canada to make, use, lease or sell a product incorporating that design. You may also sell all or some of your rights to others, or you may simply allow others to use the design subject to specified conditions. Appointments.

The next step is a substantive examination. During the process, it is determined whether the industrial design meets the established requirements. If it is completed successfully, the applicant receives a patent - document of protection, which certifies authorship, priority, and exclusive right to an industrial design. In addition, Rospatent includes the object in relevant register. It is worth noting that the state fee also needs to be paid for the substantive examination and for the issuance of a protection document.

Law firm“Intellectual capital” will help you fill out an application for a patent for an industrial design. Our company’s specialists provide a set of relevant documents. We provide a full range of services related to actions regarding obtaining patents for industrial designs. Before submitting an application to Rospatent, attorneys conduct a thorough search, which allows them to identify similar objects of intellectual property - already existing and registered. This, in turn, allows you to make changes to the design and avoid refusal when patenting your chosen intellectual property.

PRICES FOR SERVICES expand

Conducting a preliminary search to determine copyrightability
Searches by industrial designs
Name of works				Period of execution		Cost of services, rub.
	Search by industrial design.			within 15 working days		20,000 + 1,500 (for each option over 1)
Other types of searches
Name of works				Period of execution		Cost of services, rub.
	Search to identify patent sources that discredit the patentability of an invention, utility model and industrial design.			within 1 month		from 50,000 (for each independent decision)
2.1. Services for state registration of industrial design
State registration industrial design
Name of works		Period of execution			Cost of services, rub.			Patent Fee departments, rub.
	Filling out an application for an industrial design, filing an application with the Patent Office. Conducting standard paperwork in the patent office, obtaining a priority certificate. Registration of a utility model in the state register and obtaining a patent.	Registration and submission - within 10 working days Registration 12-18 months (terms of the Patent Office)			1,500 (for each additional option products)			850 - fee for registering an application and making a decision based on the results formal examination 1,650 + 1,300 (for each sample from a group over 1) + 250 (for each sample option over 1) - fees for examination of the application and making a decision based on its results 3,250 - fee for registration and issuance of a patent
Other actions in relation to an industrial design
Name of works			Cost of services, rub.				Patent Fee departments, rub.
	Preparing a response to a formal examination request.
	Preparing a response to a request for examination of a designation
	Extension of the deadline for responding to a request or notification of an examination						200 (for each month from 1 to 6) 400 (for each month from 7 to 10)
	Amendments to the application due to changes in rights
	Preparation and submission of an application for a refund or credit of fees
	Making corrections to State Register
	Issuance of a duplicate of a patent, a certified copy of materials from the application file						for issuing a duplicate certificate for the preparation, certification and issuance of copies of materials from the application file.
	Preparation and submission of an application for termination of legal protection of a patent
Maintaining a Patent
Name of works			Cost of services, rub.				Duty Patent Office for each year, rub.
	Maintenance of a patent for an industrial design
	for 3 and 4 years
	for 5 and 6 years
	for 7 and 8 years
	for 9 and 10 years
	for years 11 and 12
	for 13 and 14 years
	for 15 - 18 years
	for 19 and 20 years
	for 21 - 25 years
	Restoration of the patent						Annual fee for the current year, increased by 2.5 times

Who has the right to obtain a patent, what does the patent owner receive?

Patent for invention, utility model and industrial design can be received by any person or a group of people.

It can be individuals- authors often become patent holders. It can also be legal entities or a group legal entities. There are patents owned by a group of legal entities and individuals.

In all cases where a group of persons acts as patent holders, it is important, before obtaining a patent (ideally before filing an application for a patent), to enter into an agreement that will stipulate the procedure for using the patent, the amount of remuneration for each of the co-owners from using the patent, etc. d. In the absence of such an agreement, according to the law, all co-owners have equal rights and each may use the patent independently of the other co-owner at his own discretion. But co-owners can only dispose of the right to a patent (sell it, issue a license) together.

Conditions for issuing a patent for an industrial design

For successful registration artistic and design solution for a product as an industrial design is necessary compliance following conditions :

essential features of the development should determine ergonomic and (or) aesthetic features that relate to the appearance of the product (shape, ornament, color combination, configuration);
novelty. This means that the set of essential features of the development (given in the list and reflected in the images of the product) is not known from publicly available data;
originality. The essential features of an industrial design must be determined by the creative nature of the product features;
compliance with the requirements for the form, completeness and content of documents. More detailed information You can learn about this during a consultation with our specialists.

The law specifies objects that are not recognized as industrial designs:

architectural structures, hydraulic engineering, industrial and other structures;
decisions regarding technical functions products;
objects of unstable shape, consisting of gaseous, liquid, and granular substances.

The main differences between an industrial design and an invention and utility model

An industrial design is a part of a product; it represents the artistic and design solution of the latter. This development determines only the appearance of the product. Examples of industrial designs: interior design, interface, appearance and packaging shape.

An invention is a technical solution regarding a product (substance, device) or method (process), for example, a device for measuring air temperature.

Utility model- this is a new industrially applicable device or part of it (for example, an anti-skid device for a car wheel).

What does the applicant receive?

Upon completion of patenting your intellectual property. You are issued a patent, which certifies the priority of the industrial design, authorship and exclusive right.

Patents can be sold if desired. You can also provide permission to use them by concluding an appropriate license agreement. Transfer of the right to a patent or the right to use it is subject to mandatory registration at Rospatent.

Patent issued Federal service on intellectual property (Rospatent), is valid only on the territory of our country. However, a protected design can be freely used by anyone in other countries. If you are interested in foreign market, we will help you carry out the patenting procedure in foreign countries.

We have long been accustomed to the fact that not only the products themselves, but also their design belongs to legal rights certain persons. And securing the rights to the appearance of a product is no less important than legalizing the copyright of a popular song or bestseller. Famous global brands are worth billions of dollars and generate huge profits every year. Today, most literate people going through the procedure of obtaining a patent are aware of the benefits and importance of such a step.

Procedure for obtaining a patent for an industrial design

Nowadays, it is really important to have rights to certain things, products, the design of their appearance. This will affect financial condition owner and will help in the further production and development of the direction if it turns out to be relevant for modern society.

It is for these reasons that it is necessary to secure a monopoly on an individual type of design - obtaining a patent for a specific (exclusive) product design, that is, an industrial design. This can be done in different countries– only the conditions depending on the legal system will differ.

Individual product type

A variety of original industrial products may be an artistic and design solution of a handicraft or industrial production– one of the samples of a specific type of product. This sample can be considered a prototype of a product with original external characteristics. In other words, this is product design. Receive individual confirmation of the right to certain type design and products are possible with the following conditions:

The novelty of all essential features of the artistic and design product;
The presence of creative features and obvious originality of the product.

Essential features of any type of product may include such qualities as color combination, ornament, configuration. For example, quite often in our time design options for furniture, interior design, tableware, and types of labels or fonts are patented.

When an industrial design patent is filed, legal protection is provided for the design of the specified product. The image is recorded in graphic (computer graphics), photographic format, in the form of design projects and in any other modern versions storage

Direct patent registration

The author of the product design has the rights to register a patent in the first place. The author is given the opportunity to transfer rights to a legal successor - any person, to an employer - according to employment contract, or under the terms of the Agreement on Alienation of Rights. A patent can be transferred for temporary use or sold.

A correctly drawn up application for an industrial design is submitted to Rospatent. Then the procedure is carried out expert assessment products, and the decision of the specialists directly depends on the result of the examination - it can be either positive or negative.

Exists list of products not subject to registration and issuance of a patent. Similar types of industrial designs include:

liquid, gaseous, granular and other similar objects that do not have a stable shape;
narrowly focused solutions in which only the technical and functional side is clearly expressed;
various stationary structures (hydraulic, industrial);
architectural objects (with the exception of small architectural forms).

The registration process lasts up to 20 calendar months. When submitting an application will be charged National tax, the dimensions of which depend on the number of sample options specified in the application.

Features of product registration

If it is necessary to protect rights, it is important to ensure that specific product(product) has not yet been patented, otherwise the rights of third parties will be violated. In this regard, it is worth searching for patented and published products similar type, analogs, among which there may be similar options.

If sufficiently close analogues are found, it is necessary to determine the extent of those rights that the customer (inventor) will be able to patent for himself, if a certain amount of legal protection already exists. In this case, both patented industrial designs and applications of other persons for product registration are taken into account.

In addition, a third party may initiate early revocation of a patent if there is evidence of a violation of patentability criteria. Such options are considered by the PPP (Chamber of Patent Disputes).

Thus, in the list of reasons why a patent is necessary, this factor can be called the first. After all, if a specific product is not patented by you, there is no guarantee that when the original product is made public, another person who has nothing to do with the invention will not want to patent it.

In addition, registration of a patent for an industrial design may be necessary for the following reasons:

copyright protection;
the ability to compete in the sales market for similar products;
the right to use an industrial design during lending - as collateral;
additional benefits when participating in auctions and tenders.

A patent for a certain industrial design is considered valid for another 15 years from the date of filing the application for registration of a patent with FIPS ( Federal Institute industrial property). At the same time, there is a law on extending a patent for another 10 years.

It is important to maintain the validity of the patent, for which you need to pay a state fee every year in established sizes. Otherwise, the patent will be terminated early.

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How to obtain a patent for an industrial design. How to patent an industrial design