Russian patents for inventions. Invention patent of the Russian Federation ru2115965 torsion bar generator

Each invention cannot be called as such until its owner has received the appropriate certificate of ownership - a patent. This document is evidence that the state protects your rights to an invention, utility model or industrial design. Having received a patent, its owner can be confident in the full protection of his intellectual property. At its core, the certificate allows you to receive not only state protection, but also the following advantages:
increasing the prestige and image of the company;
weapons from unscrupulous competitors.
Having received the certificate, its holder can dispose of it at his own discretion. Moreover, the presence of a patent makes it possible to increase the reliability of a purchase and sale transaction, this is especially true for a technical solution.

How to get a patent

To obtain a patent, you must go through a certain procedure. It should be noted that the process is quite complicated, so it is almost impossible to cope with it on your own without sufficient experience. First you need to start preparing and submit an application to Rospatent. Next, attach receipts for payment of state fees to the application. Then comes the turn of the examination, and, finally, the last step is obtaining a certificate.
The application is submitted in Russian, but if there are documents in another language, they should be translated. A patent application is considered for quite a long time, and undergoes two types of examination:
formal look;
essentially.
The first means checking all documents that must be submitted and their compliance with the requirements. If violations are found or some documents are not on the list, then Rospatent returns the submitted register for revision; 2 months are given for correction. After the conclusion of the formal examination stage is received, after 18 months the application is published in an official information source.
Then, to obtain a patent, you must undergo a second type of examination. At the same time, to obtain a certificate for an invention, one must pass such a criterion as “inventive step”; if we are talking about an application that is submitted in relation to a utility model, then this parameter is not required. And this makes obtaining a patent for a utility model much easier.
It is best to entrust the procedure for preparing and obtaining a certificate to a patent attorney, who will do everything promptly and save you from wasting time and effort.

Patent for invention

If you have invented something that has never been used in industry, you definitely need to obtain a certificate for this invention - a patent. This document certifies your ownership of the intellectual product, which includes a technical solution or method that is described in a specific formula. A patent for an invention reveals how a given problem is solved and how a positive effect on a product or method is achieved. It is important to understand that you can count on the issuance of a patent only if the invention is not yet known to world production, has an inventive step and can be used in industry.
A patent for an invention has a validity period of 20 years. Both an ordinary citizen and a legal entity, as well as a group of co-owners, can become the owner of a certificate for an invention; they can be foreign citizens. The main requirement for an invention is uniqueness. A technical solution may be such if it was not known until that moment in the world of technology. To check this criterion, there is an examination; it is one of the mandatory parameters for registering and obtaining a patent.

How to obtain a patent for an invention

It is important to understand that the certificate of an intellectual object, which is an invention, is a rather complicated procedure, so it is best to entrust it to real professionals. Patent attorneys will help you by taking care of all the worries about drawing up an application, collecting documents, and conducting examinations. It is clear that this is a paid service, but at the same time the applicant does not burden himself with complex tasks and saves his time.
A patent for an invention involves certain stages:
preparatory work and filing an application with Rospatent;
payment of fees required for registration;
carrying out examination of the application;
obtaining a certificate - patent.
In this list, the most important step is examination. In fact, there are two of them - formal and substantive. The first involves checking all documents submitted to Rospatent. If any documents do not meet the requirements, Rospatent returns them and gives the applicant time to eliminate the shortcomings.
Next comes the substantive examination, which is important for a patent for an invention. It usually takes place over a year and is a complex process that tests the state of the art of the invention. It is important that the invention be patentable. This is an important criterion, the passage of which indicates the uniqueness of the invention. Only if the result is positive, Rospatent makes an affirmative decision.

Utility model patent

A utility model patent is a government form of protection for a technical solution that does not meet the “inventive step”, but at the same time satisfies other conditions for patentability. These include the uniqueness of the technical solution and the possibility of industrial use. A utility model patent is issued for 10 years, but at the request of the owner, its validity is extended for another three years.

Utility model patent: how to obtain

The main condition for a patent is uniqueness, in which the technical solution for which the patent application is being submitted was not previously known to the industry. An applicant for a utility model patent can be an individual, an organization or a group of co-owners. There is one nuance here that you should pay attention to: the applicant and the author may be different persons, in this case the author requires a remuneration from the applicant, which is usually negotiated before submitting the application to Rospatent.
Another thing is the payment of a state fee; it is required when directly applying to an institution with an application, as well as after Rospatent has made a positive decision regarding the utility model. The procedure itself takes a lot of time, usually about six months, requiring certain knowledge and high professionalism. All this suggests that it is best to seek the services of a patent attorney.
An important component when obtaining a patent for a utility model is examination:
formal;
essentially.
In the first case, Rospatent checks the documents that are submitted along with the application. If any of them are missing or do not meet the conditions, Rospatent allows the defects to be corrected within a certain time.
The second type of examination is much more important. It is at this stage that the novelty of technical solutions and their ability to be used in industrial production are tested. The procedure is quite complicated and requires a lot of time. If you entrust the preparatory work to real professionals, then even before the official examination, the application will be checked, which guarantees a positive response from Rospatent.
It should be noted that a patent for a utility model is easier to obtain than a similar document for an invention.

Patent attorney

A patent attorney is a specialist who has the right to represent the interests of citizens and companies in Rospatent and all organizations that are part of this service. This specialist can carry out independent activities, as well as be hired by a specialized company. A patent attorney must meet the following parameters:
be a citizen of the Russian Federation with higher education;
have proven experience in this field;
It is obligatory to pass the qualifying exam.
The patent attorney begins his work after an agreement is concluded between him and the customer, and the latter can be any person, both an individual and a legal entity.

Advantages of the service of a patent attorney

If you are thinking about obtaining a certificate from Rospatent, you should decide whether you will take on all the issues related to this procedure or entrust it to a specialist who has extensive experience in this matter. It is clear that the attorney’s service is not cheap, but in return the client receives prompt processing of the application, time saved and peace of mind. This is especially true for business people who have no time to deal with complex issues.
Before concluding an agreement with a patent attorney, you should inquire about his qualifications, work experience and other parameters that a real specialist must meet. On the organization's website you can find all the information you need. Thus, clients can search for information about patent attorneys and statistics about specialists. Here you can follow a link that will tell you how to become an attorney.

Services

Having concluded an agreement with the client, the patent attorney immediately begins to study the intellectual property object that must be submitted to Rospatent to obtain a certificate. At the first stage, you should correctly fill out the application and collect the necessary package of documents. This procedure is not very complicated, but it will require certain legal knowledge, which is possessed by a specialist with extensive experience.
The second type of examination is a difficult one, since you will have to review a lot of information bulletins in order to understand how unique the invention, utility model or industrial design for which a patent should be obtained is. Even an experienced patent attorney will need a lot of time for this step. The work of a specialist can be considered effective when the client has received a patent.

The FIPS database allows us to find patents that are registered specifically in Russia, but we need to check the whole world. This means that you need to contact databases of other countries. And here the very same question arises - is there one such large database that has everything?

Of course not. Therefore, you need to look at all countries in turn. Go through all the countries, one by one, master the language, translate key words into it, ask them, read the names of patents. Are you scared? Not everything is so scary: there are special bases that unite many countries, and everything becomes much simpler.

Patentoscope base.

• PatentScope provides access to approximately 1.7 million international applications:
• This is a free database provided by the European Patent Office.
• flexible search capabilities
• unlimited number of keywords
• bibliography search
• use of logical operators (AND, OR, ANDNOT)
• full-text search by description and formula
• Contains documents from 1978
• All PCT applications, descriptions, headings, explanatory texts
• There is a simple search, a complete search, you can select countries, search by full texts, titles, there is a structured search
• Everything can be combined with logical operators.
• There is a very advanced search by field codes. This is the most powerful search.
• The innovation introduced here allows you to translate a keyword into five languages ​​at once and search immediately and by synonyms. In addition to English, he searches in French, Spanish and even Japanese! And he searches as much as possible.
• It gives a good analysis of the results, groups them by country, IPC, dates, whatever you want, you can order a diagram.

Database of the Eurasian Patent Office EAPO.ORG

• You must understand that the list of patents here is small: here you can search for patents from the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Ukraine, the Republic of Belarus and the Republic of Tajikistan. (But there is a unified application system).
• Search the register of Eurasian patents
• Reference information, access to documents
• Information on payment of duties, application forms
• European Attorneys Database

Database EAPATIS.COM

Information retrieval system for EAPO member countries. This is one of the largest patent databases.

• 12 national patent organizations
• 40 databases
• 35 million descriptions

ESP@CENET Server

• The esp@cenet patent service provides free access to the holdings of the European Patent Office. Contains the full texts of European patents since October 1997 and national patents of European countries, world patents published by the World Intellectual Property Organization (WIPO) since November 1997,
• There are Japanese patents here since 1980,
• Patents from 50 countries.
• Contains more than 30 million patents
• Allows you to search by keywords, by patent number, by company name.
• Working languages ​​of the site are English, French, German.
• But it’s convenient that the interface is in Russian
• And advanced search supports Russian language.
• European patents since 1978, but not everything is there, for example, for GB there is a complete base, but IT is not fully represented
• All PCT applications available
• EPC members - 80 countries
• There is a quick search
• You can select a database to search, search by authors, numbers, classes, etc.
• There are advanced search and smart search. For example, when you enter “Smith” the system will understand this as a name.

National databases of the US Patent Office USPTO PatFT/AppFT

Free access to US patents published since 1790. (Full-text search is available only for patents published since 1976. Patents published 1790-1975 are searchable by US patent number only.)

• There are two search systems. They can be combined.
• This is the most complex, but flexible and powerful search. Well, how could it be otherwise - the USA is the most patenting country in the world, which is far ahead of its closest neighbors - Japan and Germany.
• There are two sections - Issued Patents (PatFT) and Published Applications (AppFT).
• PatFT - information about issued patents
• AppFT - information about patent applications. (The search for novelty should be carried out in both sections).
• There are two search arrays in the database: Bibliographic Database and Full Text and Image Database, in which three types of searches are possible.
• The first and most frequently used search for information is by keywords in a separate part of the patent (title, abstract, etc.), or in the entire text of the patent using the logical operators AND, OR, ANDNOT, XOR (Boolean search).
• The second type of search is a patent search by its number according to the American or international patent classification (Patent number search).
• The third type - (Manual Search) allows you to sort patents by time of receipt, name, city, country of the patent holder, subject of the patent, and links to the patent.

National database of the Japan Patent Office JPL IPDL

• The Japan server provides access to the patent abstract database (PAJ) since 1993 (PN 05000001-11299300) and the trademark database in English. There is a search for bibliographic data and abstract text.
• Full search in Japanese only. You can also search in English, but you need to go to abstracts and there you can search for the author, title and keywords.
• IPDL Sections:
• Section Searching PAJ (English abstracts),
• Patent Database (full description, numeric search)
• Concordance (correspondence between numbers of different publications of the same invention),
• FI/F-term search (application of Japanese search classification)

Database built into Google Patent

The United States Patent Office (USPTO) and Google have teamed up to provide free public access to patent and trademark data on a massive scale.
Until now, public USPTO data has been provided en masse only as a paid service. The USPTO estimates that approximately 10 terabytes of information will be available.

The USPTO does not currently have the technical capacity to provide this information to the public on a large scale. But realizing that such data must be provided free of charge and in electronic format, we found a way to provide this information in the form of cooperation with Google, which has the necessary technical base.

Examples of the types of data that will be available through Google include:

• Registered patents and filed public applications
• Trademark applications
• Trademark Trial and Appeal Board (TTAB) Trademark Proceedings
• Patent classifications
• Patent Maintenance Fees
• Transfer of rights to patents and trademarks

Patenting is a complex and expensive procedure that is almost impossible to carry out on your own. If you or your company have come up with and implemented a new technical solution that can be used in production or everyday life, then it is necessary to protect it.

But why is such protection needed? Firstly, a patent allows the copyright holder to dispose of the invention at his own discretion. This means that you will be able to earn income from using it. Secondly, it will protect against claims from competitors who have developed an analogue. Thirdly, it will not allow others to use your development without permission.

It seems that everything is simple - file a patent for a utility model, invention or industrial design and live in peace. However, patenting a product is possible under certain conditions. One of them is novelty. If someone in the world has already received a patent and introduced a similar development into production, then it will not be possible to patent it. Therefore, first you need to find out whether there is a patent for such an invention in the world databases. To do this, a patent search is carried out.

A patent search is a verification of information about issued patents and filed applications for a specified request.

Purpose of patent search

Conducting a patent search is a necessary procedure that requires special attention. Correctly entered queries determine whether you find the information and documents you need or not.

Searching for patents has specific goals:

• checking the novelty and uniqueness of your development;
• assessing the possibility of patenting a product;
• checking patent purity;
• search for similar products, including a list of issued patents;
• researching trends in the industry in which you want to apply the invention;
• identifying competitors working on similar developments;
• assessing the risks of filing claims for infringement of rights;
• determining the circle of licensors and potential purchasers of the product;
• discovery of new areas of application of the invention.

A patent search will determine whether your design is new or not.

Types of patent search

A patent search will decide the fate of your development, so you must know how to conduct it correctly and what type of search to use. Let's look at what types of it exist and what we can find out:

1. Thematic

The task of thematic search is to find complete information about the specified object. It is designed to search for developers who offer a similar technical solution; analysis of competitors' activities; assessing the development of the application industry. Such a search can be carried out both at the national and international level (for example, using US or European databases).

1. Nominal

1. Numbering

This is a search by patent number. If you know it, then you will not have problems finding information about a specific invention.

1. Classification

Since each patented invention belongs to a specific IPC class, it is possible to check whether a patent has been received for a similar technical solution.

If possible, use all of the specified types to collect the most detailed information about the object of the patent search.

How to conduct a patent search yourself?

So, you have decided to conduct a patent search on your own. Please note that this is a difficult and time-consuming procedure. To carry it out correctly, you need to use a certain technique. We recommend using the patent search rules:

1. prepare a detailed description of your development;
2. keep a notebook and record the results of patent research;
3. pay attention to information about the practical application of your product;
4. Monitor the market to find similar inventions.

Do not ignore a preliminary search in various journals, industry literature, scientific and technical articles, etc.

Once you are prepared, you can start searching for patents. It is carried out in four stages:

1. definition of the object of a patent search (invention, industrial design or utility model), its classifiers and scale;
2. search for patents by keywords;
3. study of material - found patent descriptions, drawings, drawings, etc.;
4. identifying organizations or authors associated with similar inventions and studying their patents.

To do this, you need to use special sites to search for patents. Let's take a closer look at them.

Russian Patent Databases

The Russian patent base is quite extensive. It includes five national resources:

The first resource you should pay attention to. On it you can find new patents or get acquainted with the archive of USSR patents. However, free search is available only until 1994; search for other years is already paid.

VINITI is the All-Russian Institute of Scientific and Technical Information. On the website of this institution, you can obtain the necessary information about registered Russian patents for a fee.

ICSTI is the International Center for Scientific and Technical Information. Its official website contains analytical materials, but only for 2007-2014. But you won't have to pay for the information.

You can view publicly available information about candidate and doctoral dissertations and research works in various fields of science and technology only here.

Large international patent databases

You can use the US database, but it is only in English. If you have no problems with translation and selection of keywords, then you can familiarize yourself with issued patents since 1976.

This is an open database that contains information not only about issued European patents, but also patents from other countries (USA, Japan, etc.).

This is an abstract patent database that allows you to search for a text excerpt from a document. But the search period is limited - from 1993 to the present time.

WIPO is the World Intellectual Property Organization. On its official website you can find information about patents issued in various countries - from Japan to the USA.

Search engines

Large corporations also allow the use of search engines to obtain information about patents:

1. Google Patents - allows you to use advanced search and view the full text of patents from around the world;
2. Yandex and Yahoo also support a patent search system, but are inferior in terms of information content to Google Patents.

Thus, there are enough resources to carry out a patent search via the Internet. Which one to use is up to you. So let's look at the most popular ones to make your choice easier.

How to search for patents on the FIPS website?

FIPS is an institution of Rospatent that carries out patenting and registration of intellectual property. This is where you will have to apply for a patent.

But the Federal Institute of Industrial Property also maintains a register of all issued patents. On its official website you can conduct a patent search in open registries, or use an information retrieval system.

What are open registries of Rospatent? This is a publicly available list of already issued patents and filed applications. By selecting the appropriate number, you can find out whether an analogue or prototype of your invention is patented.

Information from the open register is provided free of charge.

The FIPS database is extensive - it contains information about issued patents of the Russian Federation for various products, developments, devices, including information about computer programs and databases. Among other things, on the website you can familiarize yourself with the patent classification.

To conduct a patent search online yourself:

1. go to the official FIPS website;
2. hover your mouse over the “Search” icon;
3. then click on “Search Engine”;
4. on the page that opens, click on “Patent documents of the Russian Federation (Russian)” and in the right column, check the box next to the desired name. For example, abstracts of Russian inventions;
5. after that, click on the “Search” tab;
6. A window will open in front of you with fields that need to be filled out. For example, you can search by patent number;
7. in the top field “Main request area” enter a request for the text part of the abstract, description, formula or title;
8. At the bottom of the page, click “Search.”

These simple 8 steps will help you find the results you need. You can also search by document title, keywords, full name. author, etc. - just enter the data in the appropriate field.

Materials on the FIPS information retrieval system are issued free of charge only until 1994 and for the last month. You have to pay for the rest.

Search for international patents

If you decide to look at foreign patents, the best place to start is with the US database. Firstly, it is convenient. Secondly, it is extensive. Ignorance of English will not be a problem, just turn on the online translator.

Visit the American Patent Database website. Next, you have to choose which of the two proposed search options to use: by patent database or by site. We only need the first option. The page has two sections - Issued Patents (PatFT), which contains information about issued foreign patents, and Published Applications (AppFT), which contains data about applications. The search for novelty must be carried out in both.

• Click on the “Quick Search” tab

The search is carried out using two keywords. We enter them one by one into the windows “in Field 1”, “in Field 2” and study the information.

• Click on the “Advanced Search” tab

After the simplified search, we move on to the advanced one. We indicate the area we need, for example, company patents. Then we enter keywords and study the data obtained.

There is a lot of information in this database, so study the materials carefully, mark key words and phrases. If you see a class or subclass, check it in the classifier on the FIPS website to find out whether it is relevant to your development or not. Such painstaking work will allow for a deep patent search.

If you have determined the desired class or subclass of your product, then:

• return to the advanced search page and click on “International Classification”;
• on the page that opens, select the required format (for example, CPC C07H 10/19);
• We enter this index into the search window and study the results.

If the US patent base seems complicated to you, then you can use the European one. It is also open for study:

• go to the website of the European Patent Organization;
• in the top line “Smart search” enter a key phrase and click “Search” (in Russian search);
• a list of patent numbers and names will appear on the page.

All that remains is to carefully study the information and choose the appropriate one. If you are not satisfied with the result, search using other keywords.

The best method you can use to search for patents in foreign databases is the selection method. We advise you to use one trick - when you enter a keyword into the search bar, do not enter it completely, but only its root with an asterisk (for example, driv*). This will allow you to search across a whole set of words.

Determining whether you need a patent or not is quite simple - click on the number from the list provided.

Professional advanced patent search services

As you already understand, conducting a patent search is far from a simple procedure. Not everyone can carry it out on their own; however, it takes a lot of time to study specialized literature and sometimes requires cash injections. But the most important thing is that you cannot be 100% sure that you have completed it in full.

A specialist - a patent attorney - will help you avoid doubts and save your energy and time. Thus, you can find out whether your development is world-class, get acquainted with market analysis and information about the introduction of your product into a certain area.

A patent is not only a way of legal protection of the results of intellectual activity, but also a commercial benefit. The patent holder receives a significant advantage over competitors - he has sole control and profit from the use of his development. The patent also protects against illegal claims of third parties who created an analogue, eliminating the risk of receiving a claim for compensation of up to 5 million rubles. But which innovative solution can be patented and which cannot? What types of patents are there and where can I get them?

Where can I get a patent?

Patents protect various discoveries and achievements in the field of science and technology. In Article 1345 of the Civil Code of the Russian Federation, patent rights mean intellectual rights to inventions, utility models and industrial designs. The creator of the innovation owns exclusive and copyright rights.

Previously, a domestic applicant could obtain a patent valid only in Russia. After the creation of the World Intellectual Property Organization (WIPO), the European Patent Office (EPO) and the Eurasian Patent Office (EAPO), it had the opportunity to protect developments internationally and in foreign countries. A Russian inventor can obtain a patent not only in Russia, but also in other countries (for example, in the USA or Iceland). This is convenient because inventions, utility models and industrial designs patented in Russia will be protected only on its territory. To legally protect a patent abroad, you need to go through international or national procedures.

There are international organizations that simplify filing applications using a one-stop shop principle: by filing one application with WIPO, you can select several countries and obtain a patent in them.

Types of existing patents

In Russia, the Federal Institute of Industrial Property (FIPS) is responsible for patenting. It issues patents for three types of solutions: inventions, utility models and industrial designs.

I promised to talk about how I obtained a utility patent, and also about its uselessness in case of patent infringement. Now, although very late, I will still fulfill my promise. Let me note right away that I am not a lawyer or a patent specialist, so the article may contain inaccurate wording and naive ideas, but, I really hope, not factual errors.

The main idea is the following. In theory, any patent should have two functions - permissive and prohibitive. First, a patent allows its owner to do something, such as make and sell the patented product. And secondly (and this is the main thing), a patent prohibits an indefinite number of persons from any actions related to the subject of the patent. That is, having a patent, a person can prohibit another person from producing, selling, storing, using, etc. product in which this patent is used.

In Russia, unfortunately, the main prohibitive function of the patent was completely destroyed. Therefore, protecting intellectual property in Russia actually makes no sense.

We should start with the fact that any patent, be it a patent for a utility model or a patent for an invention, has a prototype. It is assumed that the inventor did not develop his idea from scratch, but took something known as a basis, a prototype, and somehow improved this prototype. And this improvement made it possible to obtain some new and necessarily useful property. An improvement should not be just an addition, unless this addition brings qualitatively new beneficial properties.

For example, we have a mop...

For example, we have a mop. We take the whistle and tape it to the mop with electrical tape. The result is a new object - a mop with a whistle. You can wash it and you can whistle. Great! Can this be patented as a utility model? Most likely no. Since functionally this thing can wash, like a mop, and can whistle, like a whistle. The result was the sum of the functions that the original objects already had.

Now take a mop and attach a flashlight to it. And we get a new feature - the ability to wash in dark corners. Neither the flashlight nor the mop had this function separately. You can already try to patent such a new device as a utility model.

What to take for a prototype? In the case of a utility model, the prototype may be another utility model, or an invention, or even some known design, object, method or technique. In practical terms, the search for a prototype should start from here: go to http://www1.fips.ru, then “Information Resources”, “Open Registers”, “Register of Utility Models” (for example). Next, set the parameter “IPC Index” and enter this same index. We first find out the index using the classifier. In my case it will be A47D9/02. As a result of all these actions, we will receive a list of useful models for this index. For example, my patent number is 112007. Next, we read all the patents from the list and select something suitable as a prototype. Of course, the sources for selecting a prototype are not limited to this list. You can, for example, search in international patents for utility models and inventions.

Having chosen a prototype, you should come up with a patent formula. This is a key component of any patent. It is the patent formula that has legal significance; it is the formula that determines the boundaries of patent protection. Drawing up a formula is an entire art; there are many nuances and non-obvious points in it. The formula of a utility model or invention contains all the essential features of the utility model or invention. In turn, a sign is a kind of unit of meaning, a building block that makes up a patent formula.

From Wikipedia:

The claim consists of one or more claims. Each clause of this formula usually consists of two parts, called a restrictive part and a distinctive part, separated by the phrase differing (-аяя, -ея) in that…. The restrictive part of the claim contains the name of the invention and its important features, 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 of the invention 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 object of the invention. The dependent claim contains a clarification or development of the invention disclosed in the independent claim.

An example of a patent formula (in this case, utility model patent 112007):

1. A device for rocking a bed, containing a support structure, a bed, pendants connecting the bed with the support structure, an electromagnet located on the base of the support structure with a winding connected to the electric current network through a breaker with a control unit, and a metal plate mounted on the bottom of the bed with the ability to interact with an electromagnet, characterized in that the metal plate is offset relative to the electromagnet in the direction of rocking the bed.

2. A device for rocking a bed according to claim 1, characterized in that the metal plate is made of metal with residual magnetization.

3. A device for rocking a bed according to claim 1, characterized in that the control unit is based on a microcontroller.

4. A device for rocking a bed according to claim 1, characterized in that it is additionally equipped with a remote control.

Let's take a closer look at what's in this formula. So:

First comes the independent part of the formula.

Bed rocking device,

Object of patenting, object of legal protection. The following are the restrictive characteristics.

First sign

bed,

Second sign

pendants connecting the bed to the supporting structure,

Third sign

an electromagnet with a winding located on the base of the supporting structure,

Fourth sign

connected to the electrical network through a breaker with a control unit,

Fifth sign

and a metal plate fixed to the bottom of the bed with the ability to interact with an electromagnet,

Sixth sign. That's it, the restrictive part of the patent formula is over. Next comes the distinctive part, beginning “characterized in that...”.

characterized in that the metal plate is offset relative to the electromagnet in the direction of rocking of the bed.

One distinguishing feature. That's it, the independent clause of the formula is over. This is followed by dependent clauses (numbered). They are no longer so interesting, because their legal significance is much less than the value of an independent clause of the formula.

Having figured out what a patent formula is, let’s move on.

According to paragraph 3 of Art. 1358 Civil Code of the Russian Federation

an invention or utility model is recognized as used in a product or method if the product contains, and the method uses, every feature of the invention or utility model given in an independent clause of the claims or utility model contained in the patent, or a feature equivalent to it and which has become known as such in this field of technology before committing the actions provided for in paragraph 2 of this article in relation to the relevant product or method.

In turn, according to paragraph 3 of Art. 1358 Civil Code of the Russian Federation

The use of an invention, utility model or industrial design is considered, in particular, the import into the territory of the Russian Federation, manufacture, use, offer for sale, sale, other introduction into civil circulation or storage for these purposes of a product in which the invention or utility model is used, or products in which an industrial design is used.

Thus, it would seem that the Civil Code clearly defines cases of use, for example, of a utility model. If suddenly there is a device on the market containing a support structure, a bed, pendants, etc. according to the utility model formula, and this device, relatively speaking, is not mine - which means it violates my exclusive (patent) rights to the utility model.

That's how it should be. This is the case in other countries. But, unfortunately, not in Russia.

And in Russia you can do this. Watch your hands carefully.

Let's add, for example, another coil to the swing device and consider that this change provides any advantages (in fact, this is not necessarily the case, but let's say that it is). For example, let's say it adds a smooth ride. Let's leave everything else as is. As a prototype, we will take the original utility model (PM) 112007 and obtain a patent for our own utility model, for example, with the number 122860. After which we will quietly produce beds with a swing device that use all the features of PM 112007, but have a second coil in the drive unit. And we will say that the beds are produced precisely according to patent 122860.

Obviously, a product with two coils uses both PM 112007 and PM 122860. And, it would seem, take the GK and apply it to this case. But... (drum roll...) attention, there is a hole in the legislation:

Paragraph 9 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 13, 2007 N 122 “Review of the practice of arbitration courts considering cases related to the application of intellectual property legislation”:

If there are two patents for a utility model with the same or equivalent features given in the independent claim of the formula, before the patent with a later priority date is declared invalid in the prescribed manner, the actions of the owner of this patent to use it cannot be regarded as a violation of the patent with an earlier date priority.

Later, the Presidium of the Supreme Arbitration Court of the Russian Federation confirmed its position (this was not a mistake!) by Resolution No. 8091/09 of December 1, 2009, extending it to inventions.

So now I have to prove not that the two-coil product uses my 112007 patent, but that the later 122860 patent is invalid. It seems absurd, but it's true. Moreover, it is not possible to prove the invalidity of patent 122860, since it was issued in accordance with all formal rules and is generally quite valid.

Unfortunately, when considering patent disputes, courts are guided by precisely this resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation. We are doing well with law enforcement.

This completely unhealthy situation is well known to patent experts and people “in the know.” For example, in Wikipedia it is described and called “A Case of Legal Vandalism” (article “Invention”).

The meaning of this approach is that the patent holder has the right to use a protected solution, even if a protected solution of a third party is used, without the consent of the latter, which completely contradicts the very essence of the exclusive right as a right of prohibition and the last sentence of paragraph 3 of Article 1358 of the Civil Code of the Russian Federation, unambiguously relating such actions to cases of use of the invention.

Thus, it makes no sense to patent something serious in Russia. Anyone can get their own patent for a similar utility model, slightly modifying it, and use it without any problems. As a result, patents in Russia are worth nothing - it will be much cheaper to pull off this simple trick than, for example, to buy a license to use an existing patent. Investing any money in the development of new devices, technologies, methods in Russia is also pointless - investments that should be recouped from the sale of licenses will also go to waste.

A patent in Russian conditions is needed only in one case - if you yourself produce a product using it. In this case, at least no one will forbid you to do this. And you yourself will not be able to prohibit anyone from producing a similar product - your opponent will have his own patent (a later one, and in a particularly cynical case, your utility model will be used as a prototype), as a result of which you will be quite legally sent by him to paragraph 9 of the Information Letter of the Presidium Supreme Arbitration Court of the Russian Federation dated December 13, 2007 N 122.