What rights does a patent for an invention provide? Why do you need a patent for an invention these days?

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Irina Shchukina, Portal of aspiring entrepreneurs

To produce certain types of goods and services, you will certainly have to use certain inventions, industrial models or designs. To do this, you can use already created samples or specially invent them yourself; you can also modernize “old” models yourself or together with your employees.

Whichever option you choose, you will definitely come across concepts such as patent, patent law, copyright, license, etc. That is why it is important not only to have an idea about these things, but also to know the procedure for obtaining and using objects patent law.

Patent (lat. brevet)- this is a document confirming the exclusive right of the patent holder to the invention, utility model on either industrial model. A patent also certifies priority and authorship.

Why does the question of the need to obtain a patent arise at all?

Thus, the presence of a patent gives its owner the right forbid almost any unauthorized use of his intellectual property by others, that is, is a way of protecting against claims of other persons to the result of your creative activity.

Liability for violation of patent rights is provided for in civil cases (compensation for damages, lost profits, compensation moral damage etc.), and in criminal law (fine, compulsory work, deprivation of liberty).

Therefore it is necessary legally use the fruits of someone else's intellectual work, having received appropriate permission for them, as well as protect my intellectual property by legal means.

Let's consider both cases of using a patent in more detail.

1. If you are going to use someone else's invention.

The right to legal use of inventions, utility models and industrial designs may be provided to you only on the basis of a license agreement that you draw up with the copyright holder. As a rule, such an agreement is of a paid nature, but the possibility of transferring rights to you free of charge, for example, under a gift agreement, is not excluded.

Depending on the scope of rights transferred to you, there are 2 types of licenses:
— exceptional(part of the rights to use the invention are transferred to you, the rest of the rights remain with the patent holder);
— non-exclusive(the patent owner transfers to you the right to use the invention, while retaining all rights supported by the patent, including the right to grant a license to third parties).

WITH sample samples You can find such agreements in the “Library” section here.

The license agreement is subject to registration with the Patent Office and without registration is considered invalid.

Conclusion: thus, in order to use a previously created invention, utility model or industrial design, you need to draw up license agreement with the patent owner and register it with the Patent Office. This is enough simple procedure, which does not require a lot of time and effort from you, allowing you to use the information you need legally, without experiencing any negative consequences violations intellectual rights(in case of illegal use).

2. If you are going to use and protect “your” invention.

Earlier we talked about your use of a patent on someone else's invention. But a situation is also possible when you do not want to use “someone else’s” and you yourself (or your employee) invent some unique, new device, method, substance. In this case, you will need to protect your invention from unauthorized use by obtaining a patent for it.

Obtaining a patent will require you to spend a lot of time (the period for obtaining a patent can be 12 months or more), effort and patience. Therefore, it would be advisable to transfer the receipt and registration of a patent to companies specializing in this, which promise to complete all necessary actions within 12 months.

Nowadays, a large number of bureaus and attorneys offer their services for obtaining a patent.

A patent attorney is a person who has a higher legal or specialized education, work experience in the field of intellectual property for more than 4 years, successfully passed qualifying exam at the Patent Office of the Russian Federation (Rospatent). He can carry out quality preliminary check trademark (trademark) for purity, draw up an application for trademark registration (taking into account your interests), protect your mark from attacks by others.

The patent office provides a comprehensive range of legal and other additional services upon receipt of your patent.

Prices for the services of such companies range from 20-30 thousand rubles per full registration patent.

If this option is most suitable for you, search engines you can find a large number of such companies. If you decide to act on your own, further information is for you!

The procedure for obtaining a patent.

1) first, you will need to determine whether your invention is subject to patent law. The Civil Code of the Russian Federation determined the conditions for patentability of an invention, utility model, and industrial design.

2) now that you have established that your invention falls within the scope state protection, it is necessary to determine the circle of persons to whom a patent can be issued.

So, according to the law, a patent can be issued:
— to the author(s), i.e. to an individual(persons) creative work whom(which) they were created;
— physical and/or legal entities , which are indicated by the author or his assignee;
— to the employer in cases where an invention, utility model, industrial design created by an employee in connection with the performance of his official duties or a specific task received from the employer, belongs to the employer, unless otherwise provided by the agreement between them.

3) now you can start preparing the necessary documents.

IN in this case you need to apply for a patent. Such an application must contain a patent application and necessary information about an invention, industrial design, utility model, receipt for payment of state duty.

There, an examination will be carried out on your application, on the basis of which a decision will be made to issue a patent or to refuse to issue a patent. Refusal is possible if your invention is not the subject of patent law, that is, does not meet certain requirements (see above).

Based on the decision to issue a patent, Rospatent enters your invention into the State Register and publishes information about it in the newsletter.

Patent validity period.

Patent in Russian Federation valid:

• within 20 years from the date of filing the patent application for invention;
• within 10 years from the date of filing the patent application for a utility model b;
• within 15 years from the date of filing for patent applications for industrial design.

Non-use of patent.

It is very important to actively use it after receiving a patent! This will allow you to get maximum profit and avoid negative consequences.

So, if within 4 years after receiving a patent for an invention and industrial design and 3 years for useful sample you do not use a patent without good reason, then a patent may be issued for your invention compulsory license. For this purpose, anyone who is interested in obtaining a license to use of this patent(but having been refused by the patent holder) may apply to the court with a request for its provision.

A compulsory license is issued by court decision and does not require the consent of the patent owner. The terms of use of the patent and the amount of remuneration to the patent owner are also determined by the court.

Conclusion: a patent gives you unique right: not only use your invention, but also receive additional benefits from selling licenses for it, which is why you should protect your intellectual property by legal means.

Today we have to figure out what a patent is. Moreover we'll talk on the labor interpretation of the document. This is very important to understand. After all, there are various patents in Russia. They should not be confused under any circumstances, otherwise certain problems may arise. For example, having received labor patent, foreign citizen will not be able to carry out work activities. This is a very obvious fact, so it is worth paying attention to it. So what should people know about the document mentioned? How is it formalized? How long does it last? Read more about all the nuances related to patents below. Everything is not as difficult as it seems.

Definition

The first step is to understand what a patent is. There can be quite a lot of them in Russia. For example, a patent for an invention or work. These are the most common options.

In general, if we consider the mentioned document in principle, then this is a kind of permission or certification of rights to something. What is a patent for an invention? This is a paper that establishes the exclusive right of a human inventor to an object. In fact, the person becomes its owner.

But we are talking mainly about labor document. What is a patent? It is a small card that allows foreign citizens to work in Russia in a particular field. We can say that this is a work permit in the Russian Federation.

Who needs

Who should receive this document? The issue is highly controversial. However, on this moment Citizens associate a labor patent with foreigners. All people who lived outside of Russia, but decided to work inside the Russian Federation, must have the mentioned card.

In some cases, citizens of the Russian Federation are also required to apply for a patent. But more on that a little later. Thus, foreigners planning to work in Russia legally should worry in advance about obtaining the document they are studying. The registration procedure is very simple if you know about all the features and nuances that may occur.

Tax system

What is a patent? It has already been said that in some cases citizens of the Russian Federation can receive this document. It should be noted that in similar situation We will not be talking about a card that allows you to work. And this must be clearly understood.

In Russia today the patent taxation system is progressing. A citizen of the Russian Federation, under certain circumstances, can conduct his activities by registering a patent. This is a kind of work permit, as in the case of foreigners. Only, unlike the already mentioned case, the procedure for obtaining the document changes. A citizen of the Russian Federation uses a patent as a tax payment system in the country.

In general, for residents of Russia, the document being studied is a way of doing business in the country, which frees up certain period from paying taxes. Its design will also be discussed.

Document Action

How long will the patent last? After all, any document has its own own term services. Many foreigners are interested in this nuance in advance. And for good reason.

The patent period is from 1 to 3 months, that is, the work permit card will be issued specifically for specified period. It should be noted that the validity of the document can be extended. How long? The renewal period is 12 months. And this is total. What's next? Once the patent expires and the renewal limit expires, you will need to go through the work permit procedure again. There is nothing difficult about it.

Speaking about the patent taxation system, I would like to note that a permit is issued to conduct a particular activity for at least 1 month. The maximum here is 1 year. Afterwards, you can extend or re-register the patent in established by law ok. Everything depends on the desire of the citizen. In this case, no serious knowledge is required from a person either.

What is the price

The cost of a patent is not a constant value. In particular, if we talk about the taxation system. How much you will have to pay for a permit to operate in the country depends on several factors. Among them are the region of residence, as well as the type of activity. Citizens of the Russian Federation who have chosen the patent taxation system must pay a minimum of 10,000 rubles for permission. But exact amounts you will have to find out in each region for a specific type of activity. But you won’t have to make any more payments.

But the cost of a patent for foreigners is set at fixed form. These people should pay state fee. It currently amounts to 3,000 rubles per month. As practice shows, this is why it is more profitable to issue a permit for a short period and then renew it.

Where to contact

Where should you go to get a work permit in this or that case? This question occurs both among foreigners and citizens of the Russian Federation who plan with the help patent system taxation to conduct your business activities.

It's not that difficult to answer. It all depends on what category of citizens we're talking about. What options might there be? A patent for foreign citizens is issued by the Federal Migration Service. Today this service abolished in Russia. And therefore foreigners in in the prescribed manner will have to contact migration departments Ministry of Internal Affairs.

But in this situation, citizens of the Russian Federation are given more opportunities. They are allowed to apply for a patent tax system in the following places:

• portal "Government Services";
• tax services;
• multifunctional centers (not everywhere).

Only in both the first and second cases you will have to contact the relevant authorities with a certain list of documents. For these situations, paper packages differ greatly from each other. And this fact will have to be taken into account. Therefore, it is worth considering both situations. After all, a patent is a work permit not only for foreigners, but also, as already mentioned, residents of the Russian Federation can use this type of document to conduct their activities.

Registration for foreign citizens

The first step is to consider the most common situation. This is the registration of a foreigner's patent. Such citizens should contact migration services with some list of documents. If you already have an employer, this greatly simplifies the registration process. IN otherwise A citizen will have only 2 months to find a job.

Add to list necessary papers includes the following components:

• employment contract (if available);
• ID card of a foreign citizen;
• patent application established sample(taken and filled out at the migration services);
• migration card (must be received upon entry into Russia);
• medical insurance;
• medical reports confirming the citizen’s health (including the absence of HIV infection, AIDS, tuberculosis);
• a certificate (certificate) of knowledge of the Russian language (for each job - its own level);
• extracts indicating a person’s registration at the place of temporary stay (propiska);
• photographs 3 by 4, matte (several pieces, it’s better to do 2-3);
• receipt for payment of state duty.

That's all. A patent for foreign citizens is issued in exactly this order. You can wait for the document to be ready.

How is taxation

But if you want to conduct business under a patent in Russia, you will have to try hard. Fewer documents are needed, but, as practice shows, people often have problems with this feature. The first step is to make sure that the activity can be registered under the patent system. If this point applies, then it is worth continuing.

Much depends on the situation. But most often, to use the patent tax system you will need:

• application for transition or initial tax registration under the patent system;
• citizen identity card;
• SNILS;
• registration certificate (not necessary if a passport is provided);
• receipt with payment for the patent;
• tax declarations for a particular activity (if the taxation system changes);
• certificate of registration of individual entrepreneur (if any).

Now it is clear how you can format the document you are studying. The sample patent presented earlier is a certificate for foreign citizens. Such a card, as already mentioned, should be available to all foreigners who wish to work in the Russian Federation.

Patent(lat. brevet) is a document confirming the exclusive right of the patent holder to an invention, utility model or industrial design. A patent also certifies priority and authorship. The validity period of a patent depends on the subject of patenting and ranges from 8 to 20 years. The patent is issued authorized body state power, in the Russian Federation such a body is Rospatent.

Patent for invention

An invention in the sense of the patent law is understood as a technical solution in any field related to a product (in particular, a device, a substance) or a method (the process of carrying out actions on material object with the help of material means).

A patent for an invention in the Russian Federation is valid for 20 years from the date of filing the application for a patent.

Patentability criteria

A patent for an invention can be issued if the invention satisfies three main criteria for patentability:

• is new, that is, not known from existing level technology;
• It has inventive step, that is, the proposed solution is not obvious to a person skilled in the art;
• It is industrially applicable, that is, it can be used in industry, agriculture and other fields of activity.

The compliance of the invention with the patentability criteria is determined by the state examination. If during the examination it is determined that the invention meets the three specified criteria, then a patent is issued.

Story

Patents in modern understanding this word appeared in 1474 in the Venetian Republic. This year, a decree was issued according to which it was necessary to report inventions implemented in practice to the republican authorities, in order to prevent the use of inventions by others. The patent term was 10 years. In 1623, England issued the “Statute of Monopolies,” according to which patents were issued for “projects for new inventions.” First patent law USA (Patent Act) published in 1790. In Russia, the first general “Law on Privileges” appeared in 1812, and in 1830, the law of March 30 established the basic concepts of patent law.

Structure of a patent for an invention

• bibliographic data
• Name
• description of the invention
• Claim
• blueprints

Bibliographic data

Contains information necessary for registration, storage and retrieval of a patent: patent number, name of the country that issued the patent, date of filing the application, date of issue of the patent, classification indices (conventional digital and letter designations sections of the invention classification systems to which the patent relates), the number of claims of the patent formula, the name and address of the owner.

Name

The title should be short and precise. The title of the invention, as a rule, characterizes its purpose and is stated in the singular. It is an independent part of the patent, since the titles are often translated separately from the patents, and card indexes are compiled from them, from which descriptions of the inventions of interest are then found.

Description of the invention

The description must disclose the invention in a completeness sufficient to enable implementation. Those. one skilled in the art should have sufficient information based on the description to practice the invention.

The description of the invention contains the following sections:

• the technical field to which the invention relates;
• state of the art;
• disclosure of the invention;
• a brief description of drawings, diagrams, drawings, sketches (if they are contained in the application) that reflects the main idea (essence) of the invention;
• implementation of the invention;
• list of sequences (if nucleotide and/or amino acid sequences are used to characterize the invention).

If the patent is accompanied by drawings, then full description the numbers denoting the details of the patented device in the drawings are deciphered.

Claim

WITH legal point In view of the claims, the invention is intended to define the scope legal protection provided by the patent. The claims of the invention formulate all essential features inventions.

The claim consists of one or more claims. Each clause of this formula usually consists of two parts, called restrictive part And distinctive part, separated by the phrase differing (-ayasya, -eesya) in that.... The restrictive part of the claim contains the name of the invention and its important signs, already known from the prior art. The distinctive part contains features that constitute the essence of the invention and are new. Each clause of the formula represents one sentence. Formula clauses are divided into dependent and independent. The independent claim characterizes the invention by the totality of its features, which determines the scope of the requested legal protection, and is presented in the form of a logical definition of the subject matter of the invention. The dependent claim contains a clarification or development of the invention disclosed in the independent claim.

In patents for English language patent claim begins with the words: claim, claims(I claim, We claim, What I claim is, What we claim is). It usually consists of several points, which are numbered paragraphs. If there is only one point in the formula, then it is not numbered. Each clause, no matter how long, in English patents consists of one sentence.

Blueprints

This is an optional part of the patent. The figures in the drawings are numbered and listed in the description. The parts on them are indicated by numbers, explained in the description.

Criticism of the patent system

Patents may be issued to encourage technological innovation. However economic development is within the competence of states, therefore states are taking actions aimed at strengthening the national market and preserving exclusive technologies.

For a long time, the predominant area of ​​protection of industrial secrets was high tech, for example, by the US government any computer programs were equated to objects national security, and it was forbidden to take them out of the country - even the transportation of recorded floppy disks across the border was persecuted. But as the most technologically advanced different kinds production - the intellectual property right to high-tech patents becomes the privilege of corporations also operating in the areas Agriculture, medicine, food products. This means not only that developments carried out by corporations are not available to companies in other countries. This also means that corporations, mostly American, are generously patenting or repurchasing other people's inventions.

Which is designed to perform a security function to protect the rights to specific decisions of various types, to work or to commit entrepreneurial activity.

Russian patents and their purpose

In the Russian Federation, several different documents are called patents:

• work permit;
• permission for individual entrepreneurship;
• exclusive right to an invention, sample industrial use or a useful model of equipment.

The main purpose of this document is to protect the owner’s rights to his intellectual property, work and individual entrepreneurial practice.

Invention

What is a patent for an invention? This is a document that protects the result of inventive activity certain person. If there is a patent, any claims from third parties are completely excluded. If such rights are subsequently violated, then the law provides for both Civil responsibility in the form of payment of fines and all kinds of compensation, and criminal, up to imprisonment. That's why Lately many inventors are willing to protect their intellectual property in this way.

If the inventor has such a document to use the results of his intellectual activity registration required certain resolution in accordance with current legislation. In such cases, an agreement is drawn up with the copyright holder, after which a license to use the product is issued. In most cases, a license must be paid to the person who has the exclusive right.

There are two types of license:

• Exceptional. With this type of license, you can only partially use the invention.
• Non-exclusive. You can use the invention in any way you like, including granting a license to third parties, but all rights remain with the patent holder.

In order for the agreement to enter into force, it must be mandatory must be registered with the patent office.

Procedure for obtaining a patent

To obtain this document you need to contact Federal Institute industrial property. It should be remembered that a patent for an invention is granted only if it truly has novelty and value. Otherwise, you will be refused to receive this document.

The validity period of a patent for an invention is 20 years, for a utility model – 10 years, for an industrial design – 15 years.

Obtaining a patent confirming the exclusive right to dispose of an invention can be done in several ways:

• on your own (will take enough long time and to documents that apply to international level, applications cannot be submitted);
• entrust it to the patent specialist (the person is unofficial, so you should be extremely careful);
• entrust it to a patent attorney (a certified specialist with at least five years of experience in this field);
• by using law firm(rarely have patent attorney, check this information possible by contacting FIPS);
• with the help of the patent office (it must have at least one attorney on staff, but still it is worth inquiring about the work license and reputation and not blindly trusting).

After you have already completed this document, you need to pay annually the so-called patent fee. In addition, it is mandatory to use it at least occasionally, but still use it. Otherwise you risk it being cancelled.

Patent for work

In order for a citizen arriving from another country to have the right to commit labor activity on the territory of the Russian Federation, he is required to have this type of document.

What is a work patent? This is a document confirming the right of a citizen who arrived in Russia in a visa-free regime to officially work. It is required only when a person plans to work not for a legal entity, but for an individual.

The period for which this type of patent is usually issued is 1-3 months. After this period has expired, the permit can be extended, and this can be done several times. A patent is issued for a maximum of one year. By extending the validity of the permit, a foreign citizen automatically increases the time of legitimate stay in the country.

Obtaining a patent for work takes place at the Federal Migration Service. For this purpose the following documents are submitted:

• statement;
• migration card;
• identification document.

After submitting the documents, a decision is made on approval or rejection of the application within 10 days.

Patent for individual entrepreneurship

What is an IP patent? This is a document that is designed to facilitate the payment of taxes by a business entity. This taxation system is purely voluntary.

Advantages of obtaining a patent for individual entrepreneurship:

• there is no need to visit the tax office;
• there are no filling out declarations, as well as paying taxes directly - if you have a patent, only insurance premiums are paid;
• You don’t have to keep accounting records;
• the tax amount is indicated in the patent itself.

To obtain such a document, you need to register an individual entrepreneur and submit an application to tax authority at the place of residence or to any other territorial body.

The period for issuing a patent for an individual entrepreneur is about 5 days from the date of filing the application; it is valid from 1 to 12 months.

So what does a patent for an invention provide?

Patent, having existed in the world for almost four hundred years, today assigns to the person to whom it is issued, exclusive rights for the manufacture, use, sale or offer for sale of devices, products, substances, strains, technologies in which the invention is used, as a rule, in most countries this period is twenty years.

Invention- this is not a proposal of an idea, not a statement of a principle, but creating a working model.

Not for almost any useful invention a patent may be issued. A patent is issued for inventions that meet the patentability criteria set out in Part Four Civil Code Russian Federation. An invention is granted legal protection if it is new, has an inventive step and is industrially applicable.

An invention is new if it is not known from the prior art. An invention has an inventive step if it does not clearly follow from the state of the art for a specialist. The prior art includes any information that became publicly available in the world before the priority date of the invention.

At the same time, the state of the art includes all information known in the world, including the open application of the invention. And the novelty should be global. Unfortunately, many inventors lose sight of the latter by publishing information in specialized sources before they decide to submit an application, however, if this publication (no matter in which country in the world) is found in the process state examination. Then it will do the author a disservice. The same goes for public display, display at trade shows, and even discreet display to potential investors - all of which can ultimately lead to invalidation of the patent.

If, nevertheless, necessity forced us to make information about the essence of the invention publicly available, then the application for the invention must be submitted to Patent Office before the expiration of six months from the date of disclosure of information. But it must be remembered that the burden of proof this fact will always lie with the applicant.

By the way, the criteria for industrial applicability and non-obviousness of an invention were already outlined by Emperor Nicholas I in the Regulations on Privileges on November 22, 1833.

Patent scope(scope of legal protection provided) is determined by the claims listed in the patent. Many people miss this point, sometimes even judges.

What is considered an invention?

A technical solution in any field related to a product (in particular, a device, substance, microorganism strain, plant or animal cell culture) or method (the process of performing actions on a material object using material means) is protected as an invention.

The following cannot be the subject of patent rights:

1. methods of human cloning;
2. methods for modifying the genetic integrity of human germline cells;
3. use of human embryos in industrial and commercial purposes;
4. other decisions that contradict public interest, principles of humanity and morality.

What can be the object of the invention?

Devices, methods and substances have long been the objects of inventions, although to this day the most large quantity patents are issued for devices. Almost our contemporaries are such objects of invention as strains of microorganisms and cell cultures of plants and animals.

The registration period for an invention is 1-3 years.

What needs to be presented to the client for patenting:

• Brief description of the technical essence of the invention:
  For device – interconnection structural elements, drawing of how the device works,
  For the method - modes, operations, example implementation of the method,
  For a substance – quantity and quality of ingredients, method of obtaining the substance.
• The name of the applicant and his location;
• Last name, first name of the representative, E-mail, telephone number for contact.

Why is a patent attorney needed to draft an application?

The technical solution needs to be clothed patent protection so that a competitor cannot illegally use the invention. Figuratively speaking, sometimes a patent is a “hedgehog in the fog.”
A patent attorney knows the laws of logic, ways of thinking, and the theory of solving inventive problems of G. Altshuller in order to put an idea into the form of an invention.

And the specialist understands that sometimes obtaining one patent is not a reason to “drink champagne.” We must quickly manage to create another block of patents - an “umbrella” of technology protection in order to protect the technology from competitors. Not everyone understands the complexity and importance of the multi-stage work to obtain a patent. And this is not surprising. In Russia, the patent law has been in force for only 18 years, since 1992 - this is the very beginning of the difficult path to patent success. Until 1992, it dominated certificate of authorship, which was natural in the absence of private property.

Since 1992, the Patent Law (the provisions of which, taking into account changes made in 2003, were almost completely included in part four of the Civil Code of the Russian Federation, introduced in 2008) abolished the copyright certificate and introduced the patent as an element of the market relations system. Unlike Russia, in the USA patent law has been in effect for 200 years. The US President's annual message to the Senate begins with information about achievements achieved in the field of patenting equipment and technologies.