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It is impossible to patent an idea, but you can obtain a patent for industrial designs, models or inventions. If you are confident in the originality of your invention, register the rights to it. For professional design exist patent attorneys providing paid services.

How to patent a business idea: complete guide. “How to patent an idea?” - one of the most popular questions asked by most people who have good ideas and visit the “Small Business Ideas” section of the site.

Indeed, it is unreasonable to talk about innovative ideas business, inducing you to think creatively, while forgetting about advice on protecting your idea of ​​​​earning money. The purpose of this article is to correct the omission by providing comprehensive information about patenting an idea and to talk about legal and regulatory acts.

What ideas can be patented?

Unfortunately, the idea as such cannot be patented. Industrial designs, utility models or inventions are subject to patenting.

The concept of invention means “a technical solution in any direction and field, relating to methods (processes of carrying out actions on completely material object using the necessary material means) or a product (in particular, a substance, device, animal or plant cell culture, microorganism strain).”

Moreover, the invention can be provided legal protection, only if it can be applied industrially does it have inventive step and it is new.

An invention is considered new if it is not known from the prior art. The inventive step presupposes that it does not clearly follow from the state of the art for a specialist.

Thus, when assessing the level of technology, you take into account any information that became publicly available before the priority date of the invention in the world, including patented information, but not actively used. Simply put, even if you have never thought of similar solutions, this does not mean that they do not exist.

As a rule, a utility model is understood as a technical solution in any field of human activity related to a device. Also called utility model“small invention”, because the creative level of such technical solutions is significantly inferior to the level of invention. Novelty and industrial applicability are requirements that remain.

Industrial designs (artistic and design solutions) that determine the aesthetic appearance of the product are subject to such patenting. At the same time, of course, patentable appearance must be original and new.

"Significant signs industrial design- these are the features that determine the ergonomic and/or aesthetic originality of the appearance of the product, this applies to configuration, shape, ornament and color combination.”

But it is simply impossible to patent the service. Patents are issued for artistic, design and technical solutions. Services are not one of them. But you are able to patent a method by which this very service can be provided, provided that the method has an inventive step, originality or is distinguished by novelty, which we discussed earlier.

The basic Law Russian Federation, which regulates the protection intellectual property and patenting issues - part 4 Civil Code Russian Federation. To apply for a patent, you must describe the invention.

You need to list all the essential features of this invention which are necessary in order to achieve technical result, which is “a characteristic of technical phenomena, effects, properties, etc., which objectively manifest themselves during the process of manufacturing or using a product or during the implementation of methods and during the use of a product embodying the invention.”

To characterize devices you need to use these characteristics:

• The relative position of all elements;
• The presence of structural or structural elements or elements;
• The form of execution of the elements or device in general, the geometric form in particular;
• The presence of relationships between elements;
• Other characteristics of elements (element), parameters and their relationship;
• The way in which the connection between elements is made;
• The medium that performs the function of the element;
• The material that was used in creation.

Then you need to describe its design, for the invention related to the device and how it should be used. Don’t forget about links to figures in drawings (not possible without digital symbols structural elements in the description corresponding to their digital designations in the drawing) or on how the device operates (work), and if necessary - on other explanatory materials.

To characterize the methods, use the following characteristics:

• In what order should actions be performed in time (sequential, simultaneous execution);
• Is there an action or set of actions;
• Mode; conditions for carrying out actions; use of substances (reagents, feedstock, catalysts, etc.);
• Devices (tools, fixtures, equipment, etc.);
• Strains of microorganisms, animal or plant cell lines.

For an invention, namely a method of invention, at the moments of its implementation the sequence of actions (operations, techniques) is indicated, the conditions for carrying out the actions, specific modes (pressure, temperature, etc.), material resources, used in this case (substances, devices, strains, etc.), if all this is necessary.

These, of course, are not all the requirements for the description of a patentable invention, solution or method - read detailed instructions is possible in the Federal Service Regulations on Intellectual Property, Trademarks and Patents, taking into account the specifics of the object.

Cost of obtaining a patent

The cost of obtaining a patent includes official fees and money paid to the patent attorney. Patent attorneys represent you in all matters that need to be done in contact with such a structure as federal body executive power, dealing with intellectual property.

Fees are a standard, the same for everyone, and the services of attorneys can seriously fluctuate in price. Now in most cities you can find not just one patent attorney, but dozens, sometimes even hundreds.

Do not hesitate to find out the optimal price for their services in advance. And after you become the proud owner of a patent, you will need to pay an annual fee - this will have to be done starting from the third year. So, if you have a good idea, idea or invention, it would be a good idea to patent it!

A person constantly invents something useful and unusual, and in this case one should definitely protect oneself from legal point from the point of view that the innovation will simply be “copied” and started to be used or sold without the consent of the author. To do this, you need to be patient and go a long way to obtaining a special patent for an invention. These issues are dealt with by Rospatent, the federal executive body for intellectual property.

To go through this procedure, there are a number of established laws, and first the author should apply for a patent, attaching a receipt for payment of the fee, established by the state.

What is an invention?

An invention means an object scientific and technical development, with which you can solve newest tasks that appear in society. In patent law there is the concept of “industrial design” - this is the result intellectual work, which refers to the design or appearance of a product. In most cases, it represents certain ergonomic solutions. But a patent is not issued in cases where the decisions only affect the satisfaction of aesthetic needs. An industrial design must find application in industry and must be functional.

What is the difference between a utility model and an original invention? They are similar in that in both cases it is the result of intellectual work. A utility model is a solution that must be new, but there may be no inventive step. If you want to patent an invention, you need to do some serious work within strict legal criteria, and obtaining a utility model patent is much easier.

A patent for an invention is valid for 25 years, but a utility model is valid for only a decade.

When a person receives a patent for his invention, he can do the following:

• Sell ​​a patent or license for further use inventions. This will bring him tangible material benefit, if the invention is relevant and necessary for society.
• Independently engage in the production and sale of the object, reserving sole rights.
• A patent may have monetary equivalent, so it can be used as collateral when processing loan obligations.
• The patent grants wide range commercial opportunities.

What inventions can be patented and what cannot?

An invention applied for a patent must meet certain criteria:

1. Important condition– usefulness.
2. The object must be functional and applicable for industrial purposes.
3. Relevance. Necessary criterion when comparing with existing level equipment for this moment time.
4. Lack of obviousness of the patented invention for specialists in this field.

Russian legislation establishes a list of discoveries that are not recognized as inventions:

• mathematical methods;
• discoveries;
• theories of a scientific nature;
• computer programs;
• human cloning methods;
• solutions that provide only information;
• decisions that relate only to the appearance of products. Their task is to satisfy aesthetic needs;
• various ways human genetic modification;
• methods and rules of games related to economic or intellectual activities;
• other decisions that contradict public moral norms.

Attention should be paid to important point: it is impossible to patent the idea itself; it becomes real only when it is expressed in material terms

Package of documents for obtaining a patent for an invention

The application must be accompanied by:

• Description (device) of the invention;
• Application for a patent;
• Available drawings;
• Abstract;
• Formulas and calculations.

Initially, a patent information search is carried out, and if Rosreestr employees do not identify factors that impede patenting, the inventor submits an application supported by a package of documents. Further, the department proceeds according to the following scheme:

1. The application is registered, after which a formal examination is assigned, the main tasks of which are to check the correctness of the documentation and its volume, allowing the invention to be recognized. Before this, the applicant is required to pay the state fee and attach a receipt. The formal examination takes 2 months. When filing an application, you can attach a statement that if the patent is issued, the inventor undertakes to enter into an alienation agreement with any citizen on the terms of established practice. This must be done if the inventor is thinking about selling the rights to the invention.
2. Next stage(if the formal examination was successfully completed) is expert assessment applications on the merits by Rosrerestr specialists. They check whether the claimed invention meets the specified criteria. Along with this, a check and search is carried out for similar objects that already exist and are patented. In other words, the examination essentially establishes whether the claimed invention can be recognized as truly new and whether there have been similar inventions before. There is no strict time limit for this procedure due to the length of the process. At this stage you also need to pay state fee.
3. If the above stages are successfully completed, then it is accepted positive decision on the grant of a patent for an invention. Rosreestr introduces the invention into State Register inventions. Registered patent is published patent office in its official newsletter. The inventor will have to wait no more than 2 weeks, during which the document of protection itself will be sent. The process is over!

What's next? When the author decided to independently launch production and sales own invention, it should be tested. It should be remembered that exclusive rights the invention will become publicly available after 25 years, established by law. If the inventor does not have the desire and ability to start production himself, he can sell his patent. In this case, an agreement is concluded on the alienation of exclusively the right to the invention, under which the owner of the patent receives money.

If you look at real life situations, then registering a patent can take long time– up to 3 years. The reason lies in the fact that the invention is the most complex object patenting and requires a detailed check for novelty, functionality, possibility of application for industrial purposes, and inventive step.

Time information technologies brings many changes to everyday life. First of all, it gave an understanding of the basic principle on which modern system values ​​- nothing in this world is more valuable than an idea. A person's ability to generate new concepts, find one's own path and accept constructive solutions- today these postulates are the guarantee of success in the world. Thanks to successful discoveries, many names have become famous. How more popular idea, the more famous its author will be.

What idea can be patented?

No author wants his idea to belong to another for no reason. The only way to protect rights in this case is to obtain an official patent as confirmation of authorship of the idea. Only in this case no one else will be able to encroach on it. To achieve this protection, you need to know how to patent an idea. It is the patent, in addition to moral satisfaction, that also gives the right to dispose at one’s discretion of both the concept and its derivatives: systems and (or) products created thanks to it. In other words, such a patent confirms and protects the copyright and priority of use of the product intellectual activity.

Idea and invention

If some brilliant idea was born in the inventor’s head, then there is no need to immediately rush to the notary for an appointment. According to current legislation, only an invention is subject to patenting, and an idea is a kind of insight that can be shared with others. The difference between these two concepts is the same as between intention and implementation.

Thus, having come up with something important, you need to try to formulate your thought in such a way that you can file a patent for the idea. The thought must be transformed into one of the following forms:

An invention is a product or method that represents a technical solution in any field. This definition may cover a fairly wide range of concepts.

A utility model is also a technical solution, but with less stringent requirements.

An industrial design is an object of intellectual law that relates only to the embodiment of an idea in material form. The speech is also in in this case it's about its design, design features and appearance. At the same time, architectural objects and other stationary structures cannot be classified in this category and therefore do not receive certain legal protection.

This nuance must also be taken into account. It is impossible to patent a regular service; you can get a patent for the method of providing it.

Patent conditions

So, when a person creates something new, he must thoroughly understand how to patent an idea. In other words, it is not the problem itself that is subject to formalization, but its solution. In order to obtain a patent, you need to know that something invented must have the following qualities:

Novelty - no one has previously approached this problem from this particular angle and no such answer has been found until now. The invention in question can advance technology to a whole new level. new level development.

Inventive step - in order to patent an idea, it is necessary to surprise specialists in the relevant field.

Industrial applicability - the possibility of using the invention in practice; the proposed idea could be implemented in the production process or in agriculture. In other words, first of all, before deciding how to patent an idea, it is necessary to determine what specific results its implementation will bring.

The listed parameters are included in the list of conditions for patentability. There is even special body who knows how to patent an idea - state examination, empowered when determining the degree of compliance with these parameters of the inventions for which the corresponding applications were filed.

How to get a patent for an idea in Russia

Obtaining intellectual property rights occurs in several stages. In order to understand how to file a patent for an idea, you need to know these steps:

Invention plan. This document lists all the essential properties of the idea, its characteristics, methods of use and effects produced. Each element of the device, their interaction, shape and materials must be described in detail. This description is supported accompanying material, illustrations, drawings and examples.

Conducting a patent search for the novelty of the invention. The commission will not give permission to assign a patent until it thoroughly checks the novelty of the idea and its compliance listed characteristics in terms of invention. The comparison is carried out according to parameters that do not depend on the type of invention and the field of its use. As a result, the novelty of the idea is established (or not). Therefore, before submitting documents to the author of the idea, it is better to conduct such patent search to avoid refusal in the future. Often on at this stage employs the services of a specialist known as a patent attorney who is familiar with the relevant legal procedures and knows how to register a patent for an idea.

Competent submission of an application for registration of a patent, which must be submitted in a set of documents (descriptions of the invention, claims, drawings, diagrams and abstract are also attached here).

Fee for registration of a patent

When filing an application, you must remember that in Russia, in order to obtain a patent, the appropriate state fee must be paid.

Patent duration

Validity of this document is counted not from the date of issue of documents, but from the date of filing the above application. Exist different terms validity: 25 and 10 years. The longer the period, the more difficult it is to obtain such a document. After given period a patent can be renewed by going through certain stages again, but somewhat easier and faster.

Patent: to be or not to be?

After filing the application and paying the state fee, the inventor can only wait for the decision of Rospatent, of which he will be notified by letter to the address indicated by him. Of course, there are two solutions this issue: patent grant or refusal. The first answer implies state registration inventions, issuance of relevant documents and publication in official publications. The second answer provides repeated request or withdrawal of the application.

International patent

When obtaining a patent that would be valid in the territory of several states simultaneously, you must contact special departments such countries. In this case, the design of all necessary documents carried out only by a patent attorney. At the same time, it is not at all necessary to turn to foreign ones; in Russia there are also domestic specialists who are endowed with the same rights as their foreign colleagues. National and regional attorneys are also known.

However, one feature must be taken into account - submitting an application for registration international patent is possible only six months after its submission in Russia.

To summarize the material presented, it should be noted that the procedure for patenting an idea is quite simple. However, the inventor submitting the application must clearly understand that the result of his research must be unique in the world. Only in this case will a patent be issued to him.

Every person who creates something unique has the right to obtain a patent for his creation. This could be an invention, utility model, industrial design. To obtain a patent, you must submit an application to Rospatent with the desire to register rights and prove that nothing similar has been created by anyone before.

What are patent rights

Patent law is the copyright for any invention, useful thing or industrial design. Information about previously existing or newly invented objects is available to everyone. It can be viewed online on the official website of the Federal Institute industrial property at: www.fips.ru.

Patent validity periods

For each type copyright The validity period of a patent varies and is:

• for useful things - ten years;
• For industrial designs fifteen;
• for inventions twenty.

The issuance of patents on the territory of the Russian Federation is carried out by Rospatent, which is state enterprise and executive authority, it specializes in intellectual property issues.

Patent registration fee

A person wishing to obtain a patent for the result of his intellectual activity must first contact Rospatent with an application, which is accompanied by a receipt indicating payment of the patent fee.
The patent fee is paid when registering a patent, and then annually to maintain the received patent rights. The rates for residents and non-residents of the Russian Federation are different; the latter are assigned significantly higher duties. Since registration of a patent right involves making a profit by its owner, with each subsequent year of patent renewal, the cost of the fee increases.
Since 2011, the following duty rates have been in effect:

Amounts of annual fees for maintaining a patent for an invention, utility model, industrial model
per year, counting from the date of filing applications	Invention, industrial design		per year, counting from the date of filing applications	Utility model
	For residents	For non-residents		For residents	For non-residents
for the 3rd	600	2700	for the 1st	300	1350
for the 4th	600	2700	for 2nd	300	1350
for the 5th	900	4050	for the 3rd	600	2700
for the 6th	900	4050	for the 4th	600	2700
for the 7th	1200	5400	for the 5th	900	4050
for the 8th	1200	5400	for the 6th	900	4050
for the 9th	1800	8100	for the 7th	1200	5400
for the 10th	1800	8100	for the 8th	1200	5400
for the 11th	2700	12150	for the 9th	1800	8100
for the 12th	2700	12150	for the 10th	1800	8100
for the 13th	3600	16200	for the 11th and subsequent	2700	12150
for the 14th	3600	16200
for the 15th	4500	20250
for the 16th	4500	20250
for the 17th	4500	20250
for the 18th	4500	20250
for the 19th	6000	27000
for the 20th	6000	27000
for the 21st and subsequent	8000	36000

The amounts of fees are approved by order of the director of the Federal State Institution FIPS on the basis of Decree of the Government of the Russian Federation dated December 10, 2008 No. 941.
The fee can be reduced from 50 to 20% of the initial rate. Also separate categories citizens can receive complete liberation from her payment. For example, persons who are combat veterans, the sole authors of the invention, a student government agency, disabled people, etc.
Also, the state duty is not paid by the applicant, who, together with the application for patent rights, submits an application with an obligation to alienate the patent right to other persons, who are subsequently assigned the obligation to pay the state duty. If within 2 years from the date of registration of the patent there are no people willing to enter into an agreement for its use, then the applicant is obliged to pay the state fee in full.
The applicant also has the right to withdraw the application for registration of a patent by paying a state fee for this action in the amount of 300 rubles (or 1350 if he is a non-resident of the Russian Federation).

Patent attorneys

Registering a patent can be done with the help of an attorney who specializes in this field. At the same time, the attorney involved in the registration of patent rights, in mandatory undergoes certification at the State Patent Office.
Only those who have passed can pass the certification special training citizen and recipient practical experience in resolving issues related to patents and everything related to them. At the same time, he must have higher education and have permanent registration on the territory of the Russian Federation.
A patent attorney must be certified to represent interests in patent registration for each type of patenting separately. A commission to certify those interested is created at least 2 times a year.
It is useful for readers of MirSovetov to know that residents of the Russian Federation have the right to register patent rights independently or through an attorney at will, but non-residents and residents permanently residing outside the territory of the Russian Federation can apply to Rospatent only through an attorney. You can find out the list of attorneys directly from Rospatent in your city.
For interaction, a power of attorney is made for the attorney, which does not require. The cost of an attorney's services in each case is calculated individually and starts from approximately 5,000 rubles.

Procedure for patenting inventions

An application can be submitted for one or several inventions at once, which together constitute one large inventive concept. The application must be written in Russian.
The application must contain:

1. The application itself, which contains contact and personal information of the inventor, as well as the person to whom this patent requested.
2. Required Description inventions. This description must be composed in such a way that its subject cannot be confused with any other very similar one. In other words, all the little things matter distinctive features.
3. There must be a claim. It must contain all the main features and distinctive features. As a rule, it consists of several points, each of which is divided into sub-points.
4. The drawings must be made with a decoding of all the numbers that indicate the parts of the patented device. Numeric, index or letter designation all details of the drawing or diagram. Drawings may be replaced by diagrams, drawings or any other graphic materials. It is worth noting that the drawings must be made accessible not only to selected specialists, but also to those who have standard level preparation.
5. There must be an abstract. In this case it means short description, all the features, as well as the scope of the invention.

A patent can be obtained if:

• no such invention existed before;
• the invention has a certain level;
• the invention can be really useful in application.

Patenting inventions includes two examinations:

• formal;
• substantive examination.

During formal examination Attention is drawn to compliance with the requirements for the application. It can be completed within two months. Next, the application moves to the 2nd stage of examination – substantive examination.
During the substantive examination, state inspection. It includes a patent information search, which is necessary in order to determine the patentability of a technical solution. The legislation does not limit the duration of this examination in any way, and, as a rule, it can last up to eighteen months.
If the invention really meets all necessary criteria, a positive decision is made to issue a patent. This means it's coming final part process of patenting an invention. At this stage, the invention is assigned registration number, and then the patent itself is prepared and issued. This usually takes about six months.

Procedure for patenting a utility model

An application can be filed to patent one utility model or a whole group of such models, which together form one concept.
An application for patenting a utility model must contain:

1. The application must contain descriptions of the utility model. It should reflect information about it as completely as possible.
2. The application must contain a formula for a utility model, which is based on its description. This formula must express the entire essence of the patented object.
3. Drawings are required if without them it is not possible to fully convey the essence of the utility model.
4. An abstract revealing the essence of the model.

The application is considered submitted once it is submitted full package documents.
Conditions under which a utility model can be patented:

• the model is really new;
• the model may become in demand in industry or other areas of human activity;
• no other useful models have the same totality essential features, how is she.

It is worth noting that a utility model is a technical solution just like an invention. However this decision can only be attributed to a specific device. When deciding whether to grant a patent, its usefulness and degree of novelty are first considered, but practically no attention is paid to the inventive level.
In this case, the examination is not divided into stages, since everything comes down to the most ordinary verification of data from the application to the requirements. Such an examination can last up to two months. The same period will be required for the subsequent registration and grant of a patent.

Procedure for patenting industrial designs

An application can be filed for patenting one industrial design or a whole group of industrial designs, which together form one idea.
The application must include:

1. The application itself, which contains contact and personal information regarding the person in whose name the patent is sought, as well as the author of this invention.
2. A certain number of images from which you can get an idea of ​​the industrial design in question.
3. A drawing should be attached, from which one could judge the appearance of the product, its ergonomic design, and the configuration card, since data on all this may be needed to reveal the essence of the industrial design in question.
4. Detailed description.
5. All main features of the industrial design must be listed.

An industrial design will be recognized as patentable if:

• it is original and completely new;
• the totality of all its essential features has never been seen anywhere before.

In this case, the patenting process includes a formal examination, which can last up to two months, as well as an examination of the industrial design itself, which will be carried out within eighteen months. An industrial design differs from a utility model and an invention in that it is an artistic and design solution for a product.
In other words, this is nothing more than the appearance of the product. That is why during the consideration of a patent case, the emphasis is on the originality and novelty of the presented industrial design. Compliance with these criteria is determined during the examination. The subsequent procedure for registering and issuing a patent can take up to four months.

Final provisions

Let us remind you that each of the above applications is accompanied by a document confirming payment of the state duty or exemption from it. Payment is made in federal budget. The document confirming payment is a payment order with the appropriate bank mark on payment.
The decision to issue a patent is the basis for entering an industrial design, utility model or invention into the required state register: for an invention, this is the State Register of Inventions of the Russian Federation, for a utility model, this is the State Register of Utility Models of the Russian Federation, and for industrial models is the State Register of Industrial Designs of the Russian Federation.
All information about the grant of patents must be published in the official gazette. It must include information about the author, the name or name of the person who received the patent, the formula, as well as the name of the patented object. An image or a list of the main features may also be attached.

Patent protection

Obtaining a patent implies exclusive rights to use the patented object. It is prohibited to use a patent without the consent of its copyright holder. Its owner can hold violators accountable and demand compensation material damage or compensation.
To protect patent rights, the violation must be documented, which means that patent examination. This examination is based on a patent analysis of the situation in which a conflict of interests occurred, an analysis of all available facts and information. At the end of the examination, a conclusion is drawn as to whether a patent violation has been committed. In some cases, patent and technical examination is carried out.
Readers of MirSovetov should know that if a violation is really established, then the issue can be resolved in pre-trial procedure. This is done by writing a letter of claim to the infringer, which contains a demand to stop using the patent. Also in this letter you can invite the violator to conclude specific agreement, which can be beneficial to both parties. But all this is not a mandatory procedure.
The one who received claim letter about the violation of someone's patent rights, can conduct its own patent examination. This procedure should be carried out primarily for the reason that the claims described in the letter may well be unfounded, which means that no violation has been committed.
If violations do occur, it is recommended to immediately stop using the patent or negotiate with its owner. Ignore this letter is not worth it, since it means that the person whose rights have been violated is ready to go to court, in which he will most likely win and achieve compensation for all losses incurred,

Any new idea brought to life belongs to its creator. The state protects inventors and their rights different ways. Thus, authorship can be registered for works of art and literature. Trademarks and names of organizations are subject to state registration. A patent guarantees the preservation of a citizen’s rights to scientific, industrial or design innovation.

What is a patent?

A patent (from the Latin litterae patentes) is the legal ownership of an idea secured and protected by the state (exclusive right, authorship) and a document confirming this.

The first modern patents in Russia began to be issued in the 20s. XX century The system has undergone changes; V different time either the creators or the state had exclusive rights to inventions. In 1991–92 Basic laws relating to intellectual property, including forms of its protection, were adopted. And now the Rospatent register includes more than 400 thousand active documents of protection.

Implemented ideas in the field of science, industry, and design are subject to patenting. Based on this, there are several types of evidence:

• for inventions (exceptionally complex devices, new methods of use, technologies, substances, etc.);
• for utility models (technical devices, gadgets, mechanisms);
• for industrial designs (design solutions);
• for breeding achievements (innovations in the field of biology, botany, new crops or breeds).

Patent relations in Russia are regulated by Ch. 72 Civil Code of the Russian Federation, separate legislative norms and acts.

What opportunities does a patent provide?

A patent means that the creator of an invention has exclusive and copyright rights to it, and these rights are protected by the state. In addition, the document allows you to:

• protect yourself from fakes and counterfeits;
• become a leader in the market, ahead of competitors;
• make a profit from the sale of rights to use the invention (license).

State protection of an invention, model, design and their authors begins with filing an application for a patent.

A document of protection is issued not for the idea itself, but for its implementation, embodiment. Thus, an idea in the field of science or industry can be expressed in the form of a product (mechanism, device), innovative technology or substance. It is patented as an invention if it is proven that the result of its use is not obvious to a specialist with the existing level of knowledge.

This criterion for protection is “inventive step” - main characteristic inventions that are the most difficult to identify. In this sense, it is easier to patent a utility model: being, in essence, the same device, it does not claim this property.

Original design and engineering solutions are registered as industrial designs. Innovation in this case affects more the appearance of the product than its technical side.

What is needed to obtain a patent?

To obtain a patent for an idea, it must meet the following criteria:

If the development meets all the requirements, you can prepare to submit an application. The following documents are collected:

• patent application. The form is downloaded from the website of Rospatent or the State Sort Commission and filled out in Russian;
• description. Contains the following items: scope of application, known analogues, prototypes, essential characteristics, purpose and result of use, short list illustrations with explanations;
• drawings, illustrations - if necessary;
• the formula of the idea, compiled in one sentence, is important for establishing the limits of legal protection;
• report - a one-page text describing the action of the product.

The last two points are not taken into account when patenting an industrial design. And to register a selection achievement, you need photographs characterizing it and a questionnaire (downloaded on the State Variety Commission website).

Who issues patents in Russia?

In Russia, patents are issued by government authorities:

• FIPS ( Federal Institute industrial property) checks applications for inventions, designs and models. The document is issued Federal service on intellectual property (Rospatent);
• FSBI "Gossortkomission" conducts examinations breeding achievements. The patent is issued by the Russian Ministry of Agriculture.

The application is submitted:

• in person at the reception point (Moscow, Berezhkovskaya embankment, 30, building 1);
• by registered mail;
• by fax (original documents must be brought separately);
• through the FIPS website or the State Services portal using an electronic qualified signature.

The author’s representative has the right to submit an application and accompanying papers. notarized power of attorney. Further interaction with control commissions (answers to questions, clarifications and changes) takes place through Personal Area on the official site.

Preliminary patentability check

Checking the novelty of an idea is the most important stage of the procedure, which will help identify all risks even before submitting an application (for example, check whether the development does not violate the rights of third parties), and avoid unnecessary material and time costs.

The initial search is conducted in Russian and international databases, such as Google Patent Search, PATENTSCOPE, Esp@cenet, EAPATIS. Analogs and similar products are considered, even those that are not patented. Experts recommend, in addition to checking the novelty of the idea, to conduct market research and the “purity” of the patent.

The first allows us to predict with what prospects New Product(technology, method) will enter the market. The objectives of the research are to find competitors, determine how developed the industry as a whole is and whether there will be a profit from the invention. The information obtained is relevant both before filing a patent and after - before launching into mass production.

The second check shows how much the development affects others intellectual rights. It is believed that a product is “pure” if no other patents are used in its manufacture (and they either pay for this or prepare for long legal proceedings, or both). Research is carried out before production starts.

Patenting procedure

The patenting procedure consists of several stages:

• search for analogues and samples. The applicant is obliged to ensure that his product meets the main criterion - novelty;
• initial application to FIPS (or the State Sort Commission) to certify the author's primacy;
• collection of documents;
• sending documents to the patent commission;
• passing a formal examination (for the correctness of the application and the completeness of the papers), then - on the merits (for the correctness of the formula and compliance of the product with the criteria for protection);
• at each stage it is necessary to pay a state fee;
• obtaining a patent.

IN general case The duration of registration and validity of a protection document in Russia depends on its type:

After receiving a patent, a record of it will be entered into the register of the FIPS or the State Sort Commission.

Costs of obtaining a patent

The table shows the fees that the applicant must pay in any case. Each new action during patenting (amendments, transformations, etc.) requires additional investments.

Comprehensive services for registration of a title of protection are offered by patent attorneys - lawyers specializing in intellectual property. As a rule, these are professionals who know all the intricacies of interaction with decision-making commissions, the procedure for drawing up papers, and are ready to defend the interests of the client in patent disputes. Their services in Moscow range from 30–200 thousand rubles, depending on the complexity of the situation.

Thus, a patent guarantees the inventors exclusive rights to the product and their protection by the state. In Russia there are 4 types of security documents. All of them are presented as scientific and industrial ideas brought to life (device, method, substance, strain, new breed or variety). The patenting process consists of several stages: preliminary research, filing an application, collecting documents, examination. Each of them is subject to state duty.

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