The invention is the same asset of your business as real estate or working capital. Neglecting his patenting, you lose a commercial advantage over competitors.
First, you will not be able to earn in your invention as a monopolist for 20 years.
Secondly, lose protection against unscrupulous competitors who will be able to steal your development with impunity.
If you clearly understand that the technical solution will make a profit, without patenting it is not necessary. The patent preparation scheme for the invention consists of 10 stages. We will tell what steps to go and what you need to get a patent from the first time.
"Patenting: Application Instructions" - Quick Guidelines for Patenting, or How to Protect Your Developments and Technologies
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Step 1: Check the patentability of the invention
Many are confident that the preparation of an application for the invention is the first stage towards the preparation of a patent. But this is an incorrect judgment.
First of all, three essential patentability criteria for your development should be set:
- World novelty - the product was previously not used anywhere;
- the inventive level - has a certain level of execution;
- Industrial applicability - can be used in the enterprise and in other industrial spheres.
Download Application blank for the invention and see sample filling out a patent application
For this, a patent search on the bases of Russian patents is carried out, as well as all industrialized countries. We consider all similar solutions, even those that are not protected by patents. Please note that it is not enough to investigate the decision, known only in Russia, as it is an international level when making a decision on registration.
The final decision on the patentability of the development will only take an examination on the merits of the patent application. In Russia, it is held by the Federal Institute for Industrial Property (FIPS) after submitting an application and payment of patent duty. Do not waste your time and money for the subjectified application, especially if you think about the patenting of large developments.
Why is it so important to hold a patent search?
Without testing patentability, you can encounter two unpleasant moments. The first is the deviation of the application. The final application cannot be reused - it is reused due to the violation of the novelty criteria. The second point is cancellation of development. Rospatent does not check the patent purity of the invention, but the court is yes. If the product uses a part of another patent, then you risk a suit from its owner. The consequences of unpleasant - threatens not only the loss of the patent, but also the recovery of compensation to 5 million rubles.
How to avoid these risks?
Trying the patent search to our specialists who will give him significant attention. The service includes not only the assessment of the patentability of the invention, but also the study of the patent purity of development. According to the results of the patent search, experts will prepare a report if the technical product needs to be finalized, they will advise and give recommendations. Our search technology allows you to protect against complaints of competitors and simplify the patenting procedure of the invention.
Stage 2: Pay the first part of duties
Patenting procedure - a service requiring fees. There are four of all four, the size is set at the legislative level. Payment takes place in three stages: at the registration stages of the application, examination on the merits and issuance of a patent.
In order to save time, the first two patent duties better pay at once. If the formal examination gives a positive result, the application will be transferred to the examination on the merits, and the registrar does not have to send a request for the payment of duty. Do not forget to attach the application confirming documents - even if you paid, but did not confirm the payment of duties, they will not be taken into account.
Step 3: Select Patenting Procedure
Choose a patent procedure depending on which country requires the protection of the invention:
- Russian - on the basis of the Civil Code of the Russian Federation;
- Foreign - on the basis of the legislation of the foreign state and the Paris Convention on the Protection of Industrial Property of March 20, 1883;
- European - on the basis of the European Patent Convention of October 5, 1973 (Russia is not its participant);
- Eurasian - on the basis of the Eurasian Patent Convention of September 9, 1994;
- international According to PCT (eng. The Patent Cooperation Treaty ) - on the basis of a Patent Cooperation Treaty of June 19, 1970. The purpose of this procedure is the international publication of the application. To obtain a patent in foreign countries, it will be necessary to undergo patenting of intellectual property in each of them.
Stage 4: Create an application for the invention
Preparation of an application for an invention is not only an indication of the applicant's data. It is necessary to prepare a description, formula and development abstract. Download the form, fill it in Russian and print it. If the names of the authors of the application, the names or addresses are foreign, write them on Cyrillic and Latin.
Make a description of the invention
Description of the invention begins with the name, which should be the most brief and accurate as possible. Make sure it contains sections:
- region and level of technology;
- The essence of the invention;
- Description of the drawings (if they are attached to the application);
- Description of the technical result.
Sample Descriptions of the invention
Describing the area and level of technology, tell us about the scope, as well as the known analogues and prototype of the invention.
The essence of the invention is all its essential signs that explain how to achieve the purpose of the invention is the advantage of the invention compared to the analogues. Please note that the list of these features depends on the type of invention (device; chemical compound; composition; substance obtained by nuclear transformation; microorganisms strain; genetic design; method).
If you are sending an application with drawings or other illustrations, then make them a brief description, that is, a list with explanations. Tell how to achieve the assignment of the invention in the program of the implementation of the invention. For example, "remedy for ...", "applied as ...".
Make up the claims
The formula is a description of the invention in one sentence. It consists of two parts: restrictive and distinctive. In the text, you first describe the signs common to your invention and its closest analogue, then add phrase "characterized in that" and indicate what novelty is. The formula may have one or more items that describe it in more detail (for example, contain private signs). This part of the application is important because the formula depends on what rights will be protected by a patent.
Prepare an abstract of the invention
The abstract begins with the description, then proceeds to the field of technology, entity and technical results of the invention. The abstract may also indicate the number of formula, graphic images, tables and examples.
The approximate abstract volume is not more than 1000 characters (no more than 250 words).
Sample Abstract of the invention for a patent
Stage 5: Direct in the FIPS Application for the invention
Documents for registration of an application for the invention are provided in the FIPS personally, by fax, Russian Post, through the official website of the department or the Public Services portal. All applications for inventions are recorded and a decade-digit number is obtained by which you can track how the process of patenting the product is moving.
Step 6: witness the priority of the invention
The sooner you witness the championship, or priority, its invention, the faster the secure of yourself from the actions of competitors. The priority of the invention can be established by the date of submission of the first application in the state, which is a member of the Paris Convention on the Protection of Industrial Property of March 20, 1883 (Convention Priority) (paragraph 1 of Article 1382 of the Civil Code) or by submitting the first application in the FIPS.
Stage 7: Complete the Patent Application Examination
Patent application is considered FIPS in two stages: formally essentially. At first, experts check duties, completeness and correctness of the application for the invention. If everything is in order with the documents, proceed to the examination on the merits. If the documents are not a formal check, you will receive a decision to refuse.
The next stage - the examination of the invention is essentially, which evaluates the correctness of the compilation of the formula and the correspondence of the invention criteria for patentability.
Passed successfully - go to the stage of publication of the application, if not - you get a decision on refusal. Please note that you can no longer be submitted - it will be opposed to the first, thereby violates the novelty criterion - a prerequisite for patenting. However, the refusal can be challenged in Rospatence.
At this stage, the FIPS may have questions about the application. They will send a notice on ordinary mail and will give 6 months on the answer, which also needs to be sent by mail. There may be several notifications such notifications. Therefore, to submit an application for an invention yourself is a bad solution, without the help of a specialist, you can easily not pass the examination.
The passage of expertise is the most dangerous stage of patenting. A third of the applicants do not have time to answer on time and receive a refusal. Many are faced with unscrupulous attorneys that do not talk about possible notifications in advance. They use ignorance of customers and make it possible to exhibit additional accounts.
But the cost of one answer can reach 25,000 rubles, which can be overlapped with the entire cost of patenting. Therefore, referring to the Patent Bureau, be sure to specify the volume of services.
Stage 8: Pay the second part of duties
After passing, the examination essentially will have to pay the last two duties. You have four months on it. It is not recommended to miss the term - get a fine, and the size of the duty will increase by 50%.
The patent is issued in one copy, even if it is issued for several persons
Stage 9: Get a decision FIPS on the issuance of a patent
Further, the FIPS decides on the issuance of a patent for the invention. Information about the invention is entered into the state register of the Russian Federation.
Step 10: Get a patent for the invention
When the design of patent rights is completed, you will receive a patent for the invention. You will send it within two weeks.
So, the preparation of a patent for the invention is not just a registration service, and the process of argued evidence by the experts of the Rospatent of the uniqueness and patentability of your development. Also patenting is an expensive and long procedure, and it is better not to try to pass it independent. The preparation and submission of the application is not the most responsible stage, all the difficulty consists of the passage of expertise and receiving FIPS notifications. You will not be able to answer Rospatent to the question - will refuse patenting, and the application will not be reused. Paid money you will also not return.
Therefore, if you need to get a patent - refer to the specialists. But note that the bureau's proposal should include service at each stage, including answers to the notification. Only serious companies are interested in the client. They are not looking for benefit in exhibiting additional accounts and prove their professionalism not the number of applications filed, but the number of patents received.
You can also help you:
Imagine that you invented the flying vacuum cleaner and do not want the technology to be stolen. This requires a patent.
Lawyer, Patent Attorney RF № 2151
I am a lawyer in intellectual property. I have been patenting a variety of inventions - from the spinner lighter to the composition for the cementing of radioactive waste. I heard dozens of myths about patenting and answering one and a couple of weeks to one and The same Questions.
There are inventors who think that in order to patent the device, you must first make a sample of the product and send it to the Rospatent. Others publish articles in scientific collections, and patenting is remembered when it is too late. BUT someone still believes that there is a certain world patent.
Let's deal with how it really works.
We also know that the right of intellectual property is one of the most complex and ambiguous legal sectors, so I will simplify in some places. I also painfully hear phrases like "sell patent", but here it is necessary.
Inventors, read at least it. You are welcome
In patenting of the invention, the correct procedure for this:
- Submit a patent application.
- Publish articles, launch production, boast to mom and her friends.
If you do vice versa, your development will be able to patent someone Another and prove its authorship will be almost impossible. Obtaining a patent takes a lot of time, but to protect the role of the application players the date of submission: the patent is issued to the one who filed it first.
Briefly it looks like this: you describe your product in a patent application - from which it consists, how it works, what result gives and what is different from existing ones. Submit an application to Rospatent, it is carried out there with an examination, they ask clarifying questions and give a patent.
It is not just a patent idea, but a concrete technical solution that this idea embodies: a device, a substance, method. To get a patent, the decision should be new for the whole world and give an objective technical result. The idea of a flying vacuum cleaner does not protect the patent, but the design of a particular flying vacuum cleaner can be.
At the same time, the vacuum cleaner itself is not necessary. No samples and examples of working devices for patenting are not necessary: the whole process occurs on paper, and in normal specialists - also in electronic form.
Everything, the inventors let go.
Now we'll figure it out how it all works.
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The main thing is that it gives a patent, is a monopoly on the production and sale in the country of the technical product. When you have a patent, no one else has the right to sell the device described in it. From the violator, it is possible to recover compensation to 5 million rubles through court and make it destroy the counterfeit. When you do not have a patent, it may turn out that he is Someone Other, - and then you will become a violator.
Patent is an intangible asset, it can be appreciated and put on the balance of the company. This is especially useful when companies are important to look more expensive: for example, when communicating with creditors and investors or before going to the stock exchange.
Patent can be "sell" or "Rent". At the same time, you convey to the buyer the right to use the device according to the patent. When "selling" you transmit exceptional right and can no longer use the device yourself. When "renting" exceptional law remains with you, and the buyer temporarily uses a license device.
In both cases, it is difficult without a patent. If you I did not register the right to the invention, you cannot transfer it, because there is nothing to transmit. Theoretically, it is possible to bypass this: say, the transmission of technical documentation or the invention of the device under the contract. But this is a very unreliable option. At a minimum there is always a risk that the real right holder with a patent will appear.
When the patent is, the relationship is becoming easier: you can completely transfer the right to a patent to the buyer or allow the use of a patent some kind time. In this agreement, it will be enough to indicate the patent number, and the contract itself is registered in Rospatent, so that the transaction entered into legal force.
Patent is also a marketing tool. With him in advertising, you can declare that you do not just Copal sticks, and innovative Copal sticks, Created by the best scientists of the world based on the newest patented technology. And the FAS does not finish.
And for scientists, the patent is often the main performance indicator. It confirms that the invention is new and accustomed unprecedented. Therefore, graduate students are asked to submit applications, because the effectiveness of universities is measured by the number of patents received, and at scientific competitions to report for grants asking the submitted patent application.
But you can not patent.
What can not be patented
A concrete technical solution is patented, which embodies a new idea into reality. At the idea itself, the patent will not give. About once every two months, inventors come to me who want to patent the amplifier of thought, a flying plate or nuclear power plant of a new type. Technical description of the device or drawings they do not bring. All that they have is a pair of pencil sketches and several paragraphs from Isaac Azimov. On the basis of such data it will not be possible to patent.
In addition, there are things that the law in principle prohibits patent. These are inventions that contradict public interest, humanity and morality: for example, ways to cloning a person and the use of human embryos for industrial purposes. True, I have never come to the inventor who has never come I would like to patent something Amoral.
But often with the impossibility of patenting people are faced by people who want to patent what basically does not apply to patent law, such as dishes, games rules or scientific theories. Sometimes they want to patent what is protected by copyright: The same Methods of learning or scientific articles. But copyright and patent law are different things. Copyright protects anything from copying, and the patent is the technical essence of the devices or their appearance.
If you have developed your unique teaching methodology for children - write about this book, register a trademark and develop a network under your own brand. Go to success under the protection of copyright and commercial sign, you do not need a patent.
Types of patents
Technical solutions Patent differently: As a useful model, as an invention or as an industrial sample. The type of patent depends on the solution itself.
Patent for a utility model Give out simple devices, preferably in a single case. In the Soviet Union, the useful model was called the small invention. Toothbrush with built-in dispenser, shortened high maneuverability trailer, a sports towel with a magnet is examples of typical useful models. Patenting model is occupied 5-10. Months, a patent for it is valid for 10 years.
Patent for the invention It refers to technically complex devices, methods, substances and groups of devices that interact with each other. The device and method for determining the octane number of gasoline using ultrasound, the composition for cementing of liquid radioactive waste is already the invention. To the invention, the requirements of expertise are steadily than a useful model, and patenting takes more time - approximately 10-15 months. But the patent itself is valid for 20 years - twicear longer.
Industrial Patent - It is essentially a patent for design. It can be patented if the device is different from others the same Only appearance. A patent for an industrial sample is issued for 5 years, but it can be extended by a simple statement - and so up to 25 years.
Sometimes one device receives several patents. For example, the device itself and the method of its production is patented as an invention, individual nodes - as useful models, and appearance - as an industrial pattern. Between themselves, lawyers call such patenting by fans. It is often used by large companies so that in court it is easier to prove their right. For the judge it is clear that other people's replaceable blades for stick-copper disturbing a separate patent on these blades, and not for the whole Copulka stick.
For scientists and entrepreneurs, fan patenting is usually irrelevant. Scientists are more often patented to protect the thesis, and entrepreneurs are more important for themselves that they themselves do not drag into court. Therefore, they have enough one patent for the entire invention.
To make a decision on extradition or refusal to issue a patent, Rospatent checks the stated technical solutions for compliance with the criteria of patentability. The utility model must comply with the criteria for novelty and industrial applicability. For the invention, the third criterion is added - the inventive level. Industrial samples are verified by novelty and originality criteria.
Novelty It means that the development should be "unknown from the art." Translated into Russian, this means that nowhere in the world in open sources there is no detailed description or - in the case of an industrial sample - images.
It does not matter that the patent will only act in Russia - the novelty should be world. Rospatent usually looks at other patents, dissertations and scientific collections, and rarely refers to the Internet.
Originality It looks like novelty, but only works for industrial samples. The essence of the criterion is the same - to cut out the secondary design. But it is stricter novelty, because here experts are looking for not exactly the same Images, and just too similar to. Let's say if you attach to the already patented computer chair of the pen of another form and want to patent a new design, then on the novelty it will pass an examination, and according to originality - it is hardly unlikely.
Industrial applicability means that the product can be used to achieve Some Objective technical result. This criterion immediately complies with all solutions, the result of which is not related to the technique: more beautiful, more convenient, cheaper. You can only patent a technical solution that gives a measurable new result or a new property.
Sometimes the technical result is squeezed out of non-technical. For example, there is a braid, in which the handles rotate around the axis of the tree. Such oblique work is simply more convenient - it seems that the result is not very and technical. But when the work of such oblique, its handles also scroll around their axis, and not spin in the hand of the worker. As a result, they do not rub the palm and do not rub corns. This is already quite a technical result.
Inventive level This means that the invention "is apparent to a person skilled in the art." This means that the invention gives a greater effect than the sum of the known effects of its parts.
Conditionally, if we stick the whistle to the mock, it turns out a mop, with which you can wash the floors and whistle. There will be no new properties, so there is no inventive level here, and industrial applicability too. And if the whistle is replaced by a flashlight, then the mop will turn out, with which you can wash the floors in the dark. This option is closer.
The presence of an inventive level is not always obvious. Let's say if you take a conventional ax and replace the iron blade to titanium, then it would seem, that's the invention: the new ax is more than more than the old one. But specialists in axes and metals are known that titanium stuff iron, and it is obvious that the titanium ax will be stronger than iron, so the titanium invention will not be considered.
If the development satisfies at least two criteria - novelty and industrial applicability, it can be launched a patenting procedure.
Patenting can be divided into four stages: pre-patent search, patent search, preparation of the application and office work.
Pre-patent search. At this stage, the lawyer sends not very adequate inventors. He finds out that you want to patent, looks through patent bases and says Ready Lie He take up your business. If so, then answers questions and talks about further steps. Often, pre-patent search makes free on the future transaction.
Patent search. Here, the lawyer already carefully studies patent bases. It delivers in the essence of the invention and is looking for similar solutions in the databases. Since the importance is the world novelty, the search is also conducted in Russian, and according to international bases. A lawyer finds the coming analogues and gives a final conclusion: you can patent the product or not. Patent search - enough bulk work that occupies Two-two.
Patent application. To get a patent, a lawyer prepares a patent application and submits it to Rospatent - more precisely, to the Federal Institute of Industrial Property under Rospatent, FIPS. This is the same institution that checks trademarks. The FIPS accepts an application and issues a notice of receipt of the application - a priority certificate. Now the inventor has a priority right: if someone Apply for the same invention later than this date, it will refuse him.
The patent application is collected on the basis of the inventor data, so at this stage the lawyer asks him a lot, a lot of questions. Application approval is usually held in several iterations until one of the parties remain comments.
The application consists of four main documents: statements, descriptions, formulas and abstract.
The statement indicates the name of the invention, the author data, the copyright holder and the composition of the application itself. The description completely discloses the essence of the device, the result of its use and differences from the analogues. The formula indicates the distinctive features of the device - it is the formula that determines that it will protect the patent. Essay is a brief selection from the description, which allows you to familiarize yourself with the main features of the device on one page, without rereading the entire patent application. To describe the essence of the device, drawings often apply to the application, but this is already optional.
Delivery. Rospatent takes a patent application, conducts an examination of the invention and finds out is not it It corresponds to the criteria of patentability. If, during the examination, questions or comments arise, the Rospatent sends them to the inventor and that together with his lawyer answers them.
The process is a little similar to getting a trademark: there is also a formal examination first, then the main expertise is essentially. The main difference is that when registering the sign, the expert can send only one preliminary refusal to register and you will have a single chance to the correct answer so that the sign register. Upon receipt of the patent of requests and responses, they can be any way - while Rospatent will submit a final decision on issuing a patent or refusal to register. If there are many requests, the correspondence can delay for a couple of years.
Completes the situation that new data cannot be added to the submitted application. This means that in any answers and edits you must proceed from the information that was in the initial application. If the Rospatent detects that your Pick-copper Already patented Someone Another, then add new weeks to it to disperse with an existing patent, will not work. If six months after the application, you decide to add Bluetooth module To mine copulate stick You have to submit a new patent application.
There are many such nuances in patenting. Therefore, patenting is a separate legal specialization, which are engaged in specially trained lawyers on intellectual property and patent attorneys. Lawyers of other profiles for patenting prefer not to take.
How to choose a lawyer for patenting
Patenting and registration of trademarks are close spheres, therefore, intelligent lawyers on intellectual property are also dealt with in the other. In the article about signs, I already wrote how to do it. All advice are relevant here. To get a patent for the invention, look for profile lawyers with good portfolio or patent attorneys.
Patent attorneys are mainly The same The most lawyers only surrendered the exam in Rospatent. Unlike ordinary lawyers, they have the right to submit to the interests of foreigners in Rospatent. If this is not about you, the status of the patent attorney will be by and large only an additional confirmation of the qualifications. In intellectual property firms, several attorneys and a dozen lawyers usually work.
Pay attention to the inventions that the lawyer has already patent. Ideal if he already had at least Several inventions in your or adjacent sphere. If a lawyer in the portfolio has only a dozen simple useful models, then I would not trust him the patenting of a complicated medical invention.
As in the case of a trademark, the whole patenting process can be passed remotely, therefore it makes sense to compare the proposals of Jurfirm from different cities. Carefully examine the contract with a lawyer and make sure that the voiced price includes all the steps of patenting so that it does not have that for each response to the expert request you need to pay extra. As I said, queries can be a lot.
As in the case of a trademark, to get a patent without a lawyer, you must first become a lawyer.
How much is patenting
The cost of patenting is consisted of two components: state duty and the cost of lawyers. The size of the patent duty does not depend on the lawyer who helps to register a patent. For a useful model or industrial sample will have to pay 7-9 thousand rubles for the invention - 11-15 thousand.
After receiving the patent, you need to pay an annual duty for maintaining it in force. Over time, the size of the duty increases. The invention or industrial sample fee begins from the third year: For the third or fourth year This is 1,700 rubles, on the fifth sixth - 2500 rubles, further on increasing. For the useful model of duty the same, but also added 800 rubles For the first or second year.
With the cost of services of lawyers, as usual, everything is a little more difficult. Some lawyers offer complete support of patenting. Patent in Russia Industrial Sample stands on average 50-70 thousand rubles, useful model - 60-90 thousand, invention - 80-100 thousand.
Some lawyers exhibit prices for each stage: patent search, preparation of applications, office work. In this case, you need to read the contract even more carefully. Sometimes the cost of patent search is deducted from the final account if the inventor eventually hires a lawyer. It saves approximately 10-30 thousand. But it happens that the lawyer demands to pay for every letter to Rospatent. Then declared in advertising the cost of services "from 15 thousand rubles" only on the patent search and enough.
Myths about patenting
I have long helped get patents, so he heard about patenting a lot of amazing. But there are misconceptions that are more often found.
"The patent is easy to get around, so it makes no sense to patent." More likely no than yes.
First, much depends on how you will write a patent formula with a lawyer. I always try to describe the device as wide as possible and add in advance as many variations as possible. For example, if there is a bluetooth in the device, then in the formula I write "data transfer module". Then the patent protects and variation of the device with Wi-Fi.
Second, inventions that are easy to get around, just do not register. There are novelty and inventive-level criteria. If the invention differs from the existing screws, the application simply will not pass as an examination and the patent will not be issued. I often hear reasoning about "swap a few transistors and get a patent" - so that it does not work. If everything was so easy I would It has long been patent himself and lived on licensed deductions.
Thirdly, if the invention differs slightly stronger, but it is still rather a variation of a known device, a patent can give, but this patent will be dependent. That's what it means in practice. Imagine that somewhere There is a patent for an iPhone, and you came up with an iPhone with a handle like a pan. It is reasonable to assume that even if you get to patent an iPhone with a handle, you will not be able to sell it without the permission of Epla. The most charming is that the dependence of the patent is not spelled out. Often, the inventors learn about it only in court.
"Patent law in Russia does not work." Works. Just not itself.
Often they say: "Well, the Chinese sell that they want, and you will not interfere with them." But if the Chinese will launch the production of a product that violates your Russian patent, they can sell it only in China. Sale of a device in Russia without your permission will be a patent impairment. If they are imported and selling devices in Russia according to your patent, you can sue them and get compensation.
The nuance is that it is not enough to simply patent the device. There is no police patent, which instead jumps over horses and leaves for crime. The copyright holders themselves are looking for violators and they themselves are shipped. Therefore, before applying, it is necessary to competently compile the claims and think about it in advance, as if you identify and prove a violation.
The standard case on a patent violation looks like this: the patent holder buys a fake product, writes a claim to the violator, after which it goes to court. The court looks at the documents, conducts an examination and makes a decision on the payment of compensation.
Such cases every year - thousands. Along with the famous corporations, small companies and even individual entrepreneurs are being sent. For example, Kenon recited 4 million rubles from sellers of fake printer cartridges. The company from Naberezhnye Chelny recited almost 2 million rubles from another company for violating a patent for a spare part for trucks. And the entrepreneur from Sergiyev Posad sues 50 thousand rubles at the shops of the dishes for the patent for the patent for the covers.
"Patenting is expensive." It depends on what you compare it to. Compared to other countries, patenting in Russia is very cheap.
First, in Russia almost the lowest patent duties in the world. For patenting in the United States or European Union, duties in the amount can easily pass over one and a half thousand dollars. Compare with 15 thousand rubles for the registration of the invention in Russia.
Secondly, many Russian lawyers are ready to work turnkey and register the inventions for 60-100 thousand rubles. American patent attorneys usually work clockwise in 200-300 dollars. For registration may well take 7-8 thousand.
In addition, the patent is a market tool, its cost makes no sense to evaluate in absolute value. It is much more important to understand how the costs of patenting with business tasks correlate. Consider this as an investment in an intangible asset: correlate the cost of patenting with possible income and potential risks. Then it becomes clearer, Pay Lie yourself patent
"If you patent the invention, everyone will recognize my secret." Indeed, the texts of all patents are published in open bases, and nothing can be done about it. Opponents of patenting offer to replace it know-how Commercial Secret mode - it helps to keep the invention in secret. But this is a completely different story with a lot of flaws.
Know-how works like this: you install a commercial secrecy regime in the company and close the recipe for your pizza with a vulture of commercial secrets with Draconian fines for disclosure. It sounds impressive, but such protection by and large works only against Your same workers and counterparties, and not always. That is why it happens.
First, in court you need to prove that you have taken the necessary actions to save the recipe in the secret. It is very difficult. At a minimum, you need to submit a whole bunch of documents. If a something One is missing, the court will not agree with you and decides that you yourself did not make enough effort to preserve the Secret.
Secondly, it is difficult to prove both the violation of the commercial secrecy regime. If you believe the decisions of the courts, compensation for its violation is charged only in At all Topical cases - like when the programmer moves from one company to another, and then another company produces the program first, but under the new name.
Know-how is suitable when to patent the development is impossible, and protect it at least Somehow I want to. A commercial secret can be closed, for example, a logical scheme of a not particularly original program, a cake recipe or marketing plan. Here without know-how Do not do, it is just the only security option. "Coca Cola" It does not paten my recipe because it is a terrible mystery, and because the recipe for drink cannot be patented, this is not a technical solution. By the way, that is why the drink has a lot of cheap analogues - there are no patent, the company can not be banned to produce similar drinks.
"I urgently need a world patent." It does not exist.
If you come with a Russian patent to download the right to Germany, you will be answered like in Sberbank: "Where they received, go there." Patents are valid only in those countries where you patent your device.
There is an agreement on patent cooperation - Patent Cooperation Treaty, PCT. According to it, 120 countries agreed on the patenting procedure. But the international application on the PCT system is essentially only fixes your priority on the day of submission of a national application for all member countries. Then the World Intellectual Property Organization sends an application for all countries on their own and further still begins the national phase, where in each country patenting passes independently of other countries.
And it is still necessary to start with the Russian application. Without it, the international level does not go out - prohibits the law. Suddenly you invented a new nuclear warhead. Then your application segregate, and it will not go abroad. If a Still Submit a patent application directly to a foreign department, you will have to pay a fine: up to 2 thousand rubles for individuals and up to 80 thousand - for legal. It is only for a violation of the procedure for patenting - a separate conversation with polite people in chains will be about the warhead.
If you decide to get a patent
The basic preview of the patent can be done independently. To view Russian patents, go to the heading of patent documents of the information search system FIPS and look for devices with similar names. Foreign patents can be found in the Patentsskop base. Unlike trademarks, the bases of inventions and useful models are open and free.
Maybe you will find a patent for the first ten minutes the same The device and realize that everyone has already come up to you. If not - it's better to trust a lawyer to trust.
Briefly: how to get a patent for the invention
- Invent the technical implementation of a new idea and describe in detail the device. Physically create an experienced sample for a patent is not necessary.
- Check the invention through patent bases. They are open and free.
- Find a lawyer for intellectual property or patent attorney. His services in the amount will cost approximately in 60-100 thousand rubles.
- Poss the state duty of 7-15 thousand rubles. After receiving the patent, it will also be necessary to pay an annual duty for maintaining it in force.
- Materials of a patent application with a lawyer and go to Rospatent. The patent will act from the date of submission - if, of course, it will eventually approve.
- Wait 5-15 months and pass along with a lawyer to answer all requests for Rospatent.
- Enjoy the patent: 5 years with the possibility of extension for an industrial design, 10 years old, if the novelty pulled the useful model, and 20 years if you invented the invention.
To begin with, let's figure out what patenting is. Patenting is actions conducted to obtain a security document (patent), with the right to use for eternal purposes, in particular for the invention, useful model, or an industrial sample, through the state patent office.
Why do you need to get a patent for the invention?
Imagine that you managed to invent something ingenious, then I have not yet seen the white light. And someone stole you with the idea of this invention and embodying it in life, presented to the world before you. So also collected all dividends. And you were aside. It is to prevent such situations that all stages of patenting of inventions were developed. To do this, you will have to go through the entire procedure for patenting, which includes several stages of preparation and the two main stages of passage of the examination already in the patent office are a formal and examination on the merits. But first, you need to get information on how to get a patent for the invention.
Get a patent with the widest possible protection
Documents for Patent
Before applying for an invention, which consists of:
- descriptions (with the desired indication of the nearest analogue);
- formulas (consisting of an independent paragraph and may be additional dependent);
- abstract (summary of the invention);
- drawings (if necessary);
- Corrected form of application for the invention,
It is necessary to competently prepare and make up.
Costs for the preparation, design and preparation of a patent for the invention
- Services of the Patent Office for the International Patent Search, To establish all criteria for the patentability of the claimed object from 30 000 rubles.
- Services of the Patent Office for Description, Maintenance of Discovered and Patent from 45 000 rubles.
- Duties of the Patent Office of the Russian Federation for registration of the application 3,300 rubles.
- Duties for examination essentially 4 700 rub.
- Duties for registration of the invention 3 000 rubles.
- Fees for issuing a patent 1500 rub.
Patentability and patent search criteria
Get a patent for the invention is possible only if the invention has a number of patentability criteria - this is:
- World novelty ;
- compliance with the level of technology;
- Industrial applicability .
Therefore, to establish novelty and prior art, a preliminary patent search, see here .
The results of such a search will help to prove the originality of the present invention, show information on the developments that were conducted and are conducted in this area (i.e. whether the level of technology is compliant) and identify close analogues relative to which the entire description of the invention should be made. View a sample report on the patent search, you can here.
How to make a description of the invention
- Based on the information received and a positive result on the possibility of patenting, it can now be processed to the preparation of the description of the invention. The compilation of the proper analogue or analogues of the present invention begins. The analogues are described, in order, starting with a more distant and ending, the closest one. The disadvantages that cannot provide new technical results, these well-known devices, substances and methods, are also indicated.
- According to the rules of the Regulations, after describing the prior art, the invention should be described, capable of revealing the entire essence of the device, substance, the strain of the microorganism or to the method, indicating the technical result that will be as clear as possible.
- In the case of the need of the drawings that need to be applied to the application, their detailed description should be more clear about what is depicted in the drawings. To the description you need to add minor explanations with the indication of the pictures of the figures.
- How the technical result is achieved through the operation of the new device, the use of the method, using which method is obtained a new substance - all this is revealed further in the description with reference (if necessary) on the figures depicted in the attached drawings. Also compulsory requirement is an indication of the industrial applicability of the present invention. As is the condition of patentability.
Proper compilation of claims
The claims are written on a separate sheet from the description. The formula may consist of one (independent) or several (one independent and other dependent) items. In the items of the formula, the main security elements will be disclosed, which will determine the latitude of protection, therefore, the formula should be drawn very carefully, which will help to benefit in the future use and protection of intellectual property.
Registration of the abstract of the invention
The final element of the description of the invention, serves as an abstract, which is drawn up in the same way as the formula, on a separate sheet and serves, a brief presentation of the description of the entire invention.
The website of the Patent Office contains a form of a form of an application, which is accompanied by the applied: description, formula of abstract and receipts on payment of duties. Carefully completed application, indicating the addresses of the author, the applicant with the imposed crossings in the necessary squares is given to registration.
Stages of examination of the invention
From the moment of registration of the application for patenting of the invention in the patent office, an aggressive period of waiting is coming to which it is already impossible to influence. This period is approximately 14-18 months. During this time, the application takes two examinations on which the result depends. The first is formal on which the correctness of the execution of all documents and payment of duties is checked. And the second is an expertise essentially which conducts research on novelty, industrial applicability and inventive level.
Issuance of a patent and right of use
If the invention complies with all criteria, then a decision is made to issue a patent. The conclusion of the patenting procedure will be paid by patent duty for issuing and receiving the document itself.
In any case, for a successful result, the invention should not only correspond to all the criteria of patentability, but must also be properly decorated. Otherwise, what a new and original development would be, issuing a patent, not to be.
The resulting patent gives the right of monopoly ownership of the invention, for a period of 20 years. It must be remembered that it is obliged to confirm the interest in the action of a patent, the patent holder is obliged every year since the third year of protection. During the entire time of the patent, the patent holder in the right to alienate or partially transfer the right to the use of patented technology, third parties. The procedure for transferring rights, occurs in the form of registration of the contract in the patent office within 2-3 months. It should also be borne in mind that the transfer or alienation is possible only under the condition of annual maintenance of a patent.
In this article we tried the most tell detail about How to get a patent for the invention . Therefore, in the case of independent registration of the application and preparation for the procedure for patenting the invention, before the final stage, it is better to contact the patent office or to the patent attorney, to adjust all documents. In this option, it is possible to avoid receipt of requests from expertise and thereby reducing the registration period.
In 4 parts of the Civil Code of the Russian Federation regulating intellectual rights, it contains the definition of the invention, which is the subject of patent rights and is protected by law. This recognizes the "technical solution in any area related to the product (in particular, a device, a substance, a strain of microorganism, culture of cells of plants or animals) or a method (proceeding of actions on a material object with the help of material means), including the use of the product or method for a specific purpose. " In addition, the law makes a number of requirements that determine their patience:
- industrial applicability;
- inventive level.
To determine whether the invention corresponds to these requirements or not, an examination is carried out essentially, during which not only public information is analyzed, but all previously submitted applications for the Federal Service for Intellectual Property, information on which has not yet been published. State registration of the invention is carried out only after receiving a positive result of the examination.
Are not inventions in accordance with Russian legislation:
- Scientific theories and mathematical methods;
- solutions concerning only the appearance of products and aimed at meeting the aesthetic needs;
- Rules and methods of games, intellectual or economic activities;
- programs for computer;
- decisions consisting only in the presentation of information;
- selection achievements;
- The topology of integrated circuits.
In addition, an application may not be filed for a patent for intellectual property (OIS), containing state secrets.
The patent for the invention is a document confirming the exclusive rights to the OR. If personal non-property rights arise along with the creation of the invention and do not require compliance with formalities, then property - exceptional rights - require state registration, patents. The author of the invention may only have an individual, and the right of authorship is indefinitely and inappropriate. The patent holder can not be the author, it can be any individuals and legal entities. If the person who received a patent for the object of intellectual property conveys its exceptional rights, this action must be required to be registered in the Federal Service for Intellectual Property. To the new owner, the right to the invention passes under an agreement on the alienation of exclusive right.
What is the invention
In the broad sense of the word, this technical solution to the problem simplifying human life and raising the level of technology as a whole. The invention may relate to any field of human activity. The law narrows this concept by imposing some restrictions on which we have already been told above and determining which results of intellectual activity are inventions from the point of view of patent law.
Registration of a patent for an invention is possible only if it represents a specific technical solution. Idea, recommendations, proposals are not an invention. Despite the fact that the law uses the word "technical", this does not mean that only those inventions that are made in the field of technology are subject to protection. Using technical devices, tasks can be solved in any field - medicine, agriculture, education, chemistry, etc.
Check patentability of the invention
In addition to the formal examination, each application passes examination on the merits, which is as follows:
- Determination of the prior art, which will be used to assess the novelty and the inventive level of the claimed object;
- Checking the claimed object for compliance with the requirements of the law (the invention should not contradict the public interests, the principles of humanity and morality);
- Checking the claimed object for compliance with its patentability requirements (previously we indicated which OIC is not recognized by law as inventions);
- Check the sufficiency of disclosure of the entity of the claimed object.
Regulates the examination of the essentially Article 1386 of the Civil Code of the Russian Federation. Check the patent for the invention can be independently on the databases of Rospatent. Since the patenting of this object of intellectual property is the procedure expensive and long-term, before applying, you should make sure that your technical solution is really unique.
The examination procedure is essentially as follows:
- If the application complies with the regulations, the applicant is sent notice to its adoption by the corresponding division of Rospatent;
- If in the process of examination, inconsistencies were identified by the requirements of patentability, the applicant is sent notice to the indication of these inconsistencies and the proposal to submit their arguments according to the notifications to the notification;
- If the examination was carried out with a positive result, the decision was made by Rospatent.
After payment of the duty for registration, information about the invention is published in the Special Breastplate Bulletin, and the applicant receives a patent. The term of the patent for the invention begins with the date of submission of the application and is 20 years. At the outflow of this time, the object of intellectual property, which was obtained by a patent, enters the public domain. By the date of application, the priority of the object of intellectual property is also established.
Patent for a utility model or patent for the invention: what's the difference
Both objects of intellectual property receive legal protection only under the condition of state registration. So how to make a patent for the invention more expensive, companies and individuals often prefer to register the result of intellectual activity as a useful model - the number of applications for this OIC is growing every year. Naturally, it is possible not for any technical solution. The difference is as follows:
- The cost of formal examination - from 1400 p. For useful model and from 3300 p. for the invention;
- The cost of examination is essentially from 2500 p. and from 4700 r.;
- The duration of the patent - the term of the patent for the invention is 20 years, for a utility model - 10 years.
Previously, during the examination of the declared utility model, its novelty was not checked and industrial applicability, which led to abuses from the applicants. In the last edition of the Civil Code, this is taken into account, and the expertise of the useful model includes the corresponding checks.
Procedure for obtaining a patent
The registration of the invention is carried out in the Federal Service for Intellectual Property - Rospatent. Russian citizens also have the opportunity to get a patent issued by another state, or an international patent. For this, it is necessary to apply to the National Patent Office or an international application for FIPS or WIPO.
To get a patent for the invention in Russia, the application is submitted to Rospatent - online or personally, in the representation of the department in Moscow. For this service, the applicant provides:
- Application (forms for legal entities and individuals can be downloaded on the website of the Rospatent);
- Description of the invention, which reveals its essence fully;
- the claims expressing its essence;
- Drawings and other materials, if necessary to understand the essence of the invention;
- Abstract - a brief description of the essence of the invention.
In addition to these documents, the applicant grants the receipt for paying the state fee for the formal examination and / or receipt of payment of the state fee for examination on the merits. Plans for receipts can also be downloaded on the website of the Rospatent. The applicant may submit a petition for examination on the merits together with a patent application or after a formal examination.
If there is a positive decision on both examinations, the applicant pays state fees for the registration of the invention, the publication of information about the issuance of a patent in the official bulletin of the department and the issuance of a patent.
The procedure for patenting of inventions and the design of a patent in other states may differ.