How to patent an invention or idea? The main thing about a patent for an invention. Patentability Pre-Check
Have you come up with an invention that can shake the world? Heard about a patent, but don't know why it is needed and what is the use of it? Then you have come to this page for a reason. Yes, yes, after reading the information here, everyone can learn how to patent an invention.
The main thing about a patent for an invention
Modern realities are
that it is not only money that needs protection, but also intellectual property. That is why a patent for an invention was invented. This document will allow you to certify the authorship of an object, product, etc. A patent for an object is issued in Federal Service on intellectual property(Rospatent). Its validity period, depending on the invention, ranges from 10 to 20 years.
If you have an idea about how to patent an invention, then first carefully consider whether you will really bring the project to the end. After all, this document is issued for a rather long period, since it requires a large number checks. In addition, to obtain a patent, you will have to spend a rather large amount. Well, when the whole process reaches its logical conclusion, the users of the innovative invention will annually pay compensation to its manufacturer. In case of unlawful possession of a patent object, the violator faces administrative punishment.
Did you actually come up with an invention?
Before you find out where to patent an invention, you need to check if your product is one of them. Only technical solutions that have not been used before can be registered. These may be new aggregates, substances, strains of microorganisms, or methods of providing services that are fundamentally different from those already established in the world. In a word, an invention is a product created by man and useful in any field of activity.
For example, PC programs and everything connected with it cannot be considered as an invention. But the developer can easily register copyright on them. It follows from this that ideas that do not have a financial implementation (game methods, microcircuits, etc.) and are aimed at satisfying needs are not considered as an invention.
Terms of registration of a patent for an invention
Have you made an innovative product? Now you are thinking how to patent an invention in Russia? Of course, this process is quite lengthy, but if you follow it consistently, you will definitely succeed. It should be noted that a patent for an object is made from 1.5 to 2 years. The maximum period is not defined, since it depends on the correctness of the preparation of documents. That is why when deciding to patent an object, you should be patient.
The sequence of patenting an invention
Are you wondering how to patent an invention yourself? First, for this you need to know the basics of legal terms. Secondly, it is required to check its patentability. If you skip this step, you may incur additional charges.
Yes, yes, that’s right, because if you don’t ask yourself how to find out if an invention of the same format has been patented before you, there is a risk of losing precious time and considerable finances.
After a successful check of the patentability of the object, an application is drawn up, which is supported by additional data, namely:
- Name of the inventor;
- the author's address;
- a form with a description of the device;
- its production formula;
- drawing of the invention (if necessary, its individual components);
- an abstract in which the description of the product and its essence is abbreviated.
Now you know how to patent an invention. It remains only to submit an application and wait for its consideration. Upon successful completion of the examination for a patent, the right holder pays the state fee, after which the object is entered in a specialized register.
How to patent an invention in Ukraine
Do you want to know how to patent an invention in Ukraine? Then you will need to do the previous steps and, after a six-month period, contact the foreign department with the prepared materials, namely:
- Full name, residential address of the applicant;
- Full name, residential address of the author of the invention;
- the date of filing the application, its number and the country in which it was filed;
- if the applicant and the author - different faces, then a power of attorney with a seal for the right to submit documents is required.
Having submitted all the necessary documents to the department of Ukraine, it remains to wait until will be tested provided data. After the decision on the right to the invention is made, the applicant will be issued a certified paper. According to the legislation of Ukraine, the owner this document fees must be paid annually. Such a system is provided for all foreign countries, and therefore the answer to the question of how to patent an invention in Belarus or another foreign agency can be obtained based on the previous test.
Consideration of an application for a patent
An application for the possibility of granting a patent undergoes an examination, during which the completeness, correctness of the submitted documents and the unity of the object are checked. If all the papers are filled out correctly, the registering office evaluates the claims and, if all the components are consistent, decides to issue the corresponding document.
If an error was made in the application, then Rospatent sends a letter to the applicant, the answer to which must be sent no later than 2 months from the date of receipt. If this condition is not met, the documents for obtaining a patent are revoked.
How much will a patent for an invention cost?
Of course, you can patent a product yourself, but it will take many times longer than when contacting a specialized company. In addition, there is a possibility of incorrectly filling out the required documents, which threatens to prolong their consideration.
Most inventors decide to turn to patent attorneys, because they have dealt with this procedure more than once and know how, where and what documents to submit. In addition, these authorities will be able to complete the entire operation in the shortest possible time. True, when choosing such a scheme, you will have to pay additional cash, which the company charges for the services provided: the development of a description of the product, the formula for its production, an abstract with a manufacturing technique and drawings, as well as the preparation of an application for registration with the Patent Office.
Question, how to patent an idea, excites those who have decided to obtain a patent for the result of intellectual creativity. The idea itself cannot be patented, but it can be translated into a technical solution. Learn how to do this in the article.
How to patent an idea in Russia
The correct way to ask the question is: is it possible to patent an idea in Russia? The answer is ambiguous. On the one hand, no. After all, an idea is a new thought, possibly constructive. However, the legislation of the Russian Federation provides for the possibility of obtaining a patent only for a technical solution, that is, for an invention, industrial model or utility model.
Based on this, we conclude: an idea can be patented only by turning it into a technical solution (solving a problem with the help of technical means of labor, as a result of which a certain result is obtained).
It is necessary to clothe the idea in a material form. For example, a person thought that it was better not to carry things, but to roll them, and he came up with wheels, then a wagon, etc. The idea was to facilitate the transfer of things, which a person clothed in a material form - a wagon.
Invention, industrial design or utility model?
Before answering the question of how to patent an idea in Russia, it is necessary to find out what are the features of the invention, industrial design and utility model.
- An invention is nothing more than a technical solution that relates to a method or product.
The state grants the invention legal protection only on condition that it is new, does it have an inventive step and can it be applied in industry.
A new invention should not be unknown to science. The level of the invention suggests that it does not follow from the prior art for a specialist. That is, it is necessary to study all the information in this area and find out if such methods have been used before. In other words, if it occurs to you that a car can drive diesel fuel, find out if such cars already exist in another country.
- A utility model is a technical solution in absolutely any field of human activity that relates to a device.
As a rule, this is a kind of small invention, which must also have signs of novelty and be applicable in industry.
- Industrial designs are technical solutions related to the appearance of products. They have 2 requirements: novelty and originality.
In order not to get confused in technical solutions, let's try to distinguish between them:
- invention is how the mechanism will work;
- utility model- the internal content of the mechanism;
- industrial design - how it will look.
Please note that the service cannot be patented. However, it is possible to obtain a patent for the development of a technical solution for the operation of this service. An example is a solarium. You don't get a patent for a tanning service, but you invent a tanning bed.
How to get a patent for an idea (invention) in Russia
Main normative act in the field of patenting is part 4 of the Civil Code of the Russian Federation.
The body responsible for issuing patents is Rospatent.
How to get a patent for an idea as an invention?
- First of all, we turn to Rospatent. It can be done:
- personally;
- through a representative
- by mail;
- through a single portal of public services.
- registration of the application and decision-making (after a formal examination is carried out) - 1,650 rubles;
- carrying out the main examination of the application - 2,450 rubles;
- registration and issuance of a patent - 3,250 rubles.
When submitting an application, it is assigned a number consisting of 10 digits. After a formal examination and in the presence of all required documents the applicant is notified within 2 months of the direction of the invention for the main examination. Within 12 months, an examination is carried out, and its results are sent to the applicant. If there are shortcomings, they must be eliminated within 2 months.
If the results of the examination are positive, then after payment of the state duty for registration, the patent is assigned a number, and information about it is published in the official bulletin. The applicant is notified of the results within 14 days.
- abstract (description of the invention);
- statement;
- Claim;
- blueprints;
- description;
- request for an examination;
- a certified copy of the first application filed in a state party to the Paris Convention for the Protection of Industrial Property (adopted on March 20, 1983), if the applicant wants to exercise the right of conventional priority.
How to patent an idea in the form of an industrial design?
- In the same way, as with the invention, it is necessary to apply to Rospatent.
- The cost of registering an industrial design:
- registration of an application and a formal examination - 850 rubles;
- fee for conducting an examination - 1,650 rubles;
- registration fee - 3,450 rubles.
- product image;
- description;
- grounds for exemption from payment of duty / reduction of its size;
- if you wish to receive conventional priority in case of failure to file an application within 6 months from the date of filing the first application to a state party to the Paris Convention, providing a document substantiating the failure to file;
- product drawing, diagram, map;
- statement.
How to patent an idea in the form of a utility model?
| registered in the special register of Rospatent. The qualification of an attorney is assigned by Rospatent after passing the qualification exams and can only be in a specific area (for example, in the field of a trademark, industrial design, etc.). A citizen of the Russian Federation can be a patent attorney:
The attorney must be a member of the Chamber of Patent Attorneys. Why did we stop at the question of attorneys? Registration of patents is a rather serious thing. Collecting all the necessary documents, and most importantly - their correct compilation takes quite a lot of time. Moreover, if the documents were not submitted in accordance with the requirements of Rospatent, they are returned. But the fee you paid will not be refunded. In order to save your time and money, you can contact a patent attorney. He will be the representative of the applicant in Rospatent. |
Summary
In order to patent an idea, it is necessary to present it as a technical solution. To do this, the idea should be developed, refined in some practical, applied direction to obtain a socially useful technical result. The technical solution can be patented as
invention, utility model, industrial design
.
An idea was born! What to do? 
Can you patent?
The meaning of this article title should be preceded by the question - "Is it possible to patent an idea?" There is no single answer to this question - on the one hand it is possible, on the other it is impossible. As the saying goes, the devil is in the details. In our case, in specifics, it’s not the “devil”, but skill or even art patenting .
Patenting an idea means making it protected by the state. This means that no one can use it without your permission. According to patent law, only technical solutions can be patented. Hence the conclusion the idea must be presented in the form of a technical solution or make a technical solution out of it, bring it to a technical solution. A technical solution is a solution to a problem technical means(means of labor) as a result of which a certain technical result (technical effect, phenomenon, property) is realized.
Therefore, the idea as such cannot be patented. An idea is a new thought, even a constructive one, and only a technical solution can be patented. But if a thought relates to technology, to technical fields of activity, or can have a technical application, then it can be brought to some kind of real material expression, embodiment. In other words, it is necessary to express the idea in some objective material form, which is the product of one or another technical redistribution (processing).
The Man thought that it was necessary not to drag, but to roll - he came up with and made a wheel. I thought that it was not necessary to roll it myself - I made a harness and harnessed the horse. I wanted to go faster and put the engine on the wagon. He wanted to take off and attached wings to the car.
And now from the idea you can make technical solution using inventive techniques and technologies, in particular using TRIZ (the theory of inventive problem solving). A patent can be made using patent techniques and technologies. Using both, it is possible to make very good patented technical solutions out of an idea. True, these decisions, as a rule, will be fundamental, generalized character. Then they need to be finalized for a specific use, brought to implementation, production and sale.
Difficulties on the way
Another truth is that it is not so easy to make a technical solution out of an idea and patent it. If the author himself could not do this, then there are difficulties. These difficulties are known.
First difficulty(difficulties) is to turn or bring an idea to a technical solution. At a minimum, this should be a fundamental technical development, consisting of at least several technical elements. In general, this can be done by the author himself, if not too lazy. At the same time, the combination of these technical elements must be unique in relation to the result or effect obtained. In other words, the development must be original. And this is more difficult. You must first do a scientific and technical and / or patent search, but it is better to conduct patent research. This is a very painstaking and even tedious job. In addition, you need to have certain skills. Of course, this work can be done by the author himself, but it will take a lot of time. It is better to turn to specialists, but it is not cheap.
Second difficulty It's just patenting. To get a patent , the developed solution must meet a number of requirements or criteria - it must be a technical solution, it must be new and industrially applicable. In turn, each of these criteria is also regulated and must meet certain requirements. If you patent an invention, then it must still meet the criterion of inventive step. The main task of patenting is to bring the technical solution in line with the criteria and requirements set out in the relevant Administrative Regulations of Rospatent. In general, it is not easy if there is no experience in patenting. As practice shows, some useful patenting skills appear after 3-4 patents. After that, you can try to apply for a patent yourself. Before that, we do not advise - there is a lot of casuistry in patenting. Difficulties of patenting are resolved by specialists - patent experts and patent attorneys. Issues with novelty and inventive step can be positively resolved by changing the scientific and technical level of development, generalization, detailing, combination, change and combination of the technical result, and many other methods. There are even special patent technologies for solving such issues. In addition, many patent experts use their own techniques.
How to do
However, there are specialists who resolve all difficulties- both inventive and patent studies. Them you just need to state the idea, and they will make a patent. True, this is not possible in all cases, but in most cases (taking into account the expediency of patenting). In this case, the necessary patent and inventive technologies will be used. And, of course, this will only be a patent, and not yet implementation into production. But this patent will contain the basis for future implementation based on your idea.
On the early stages development idea is, as a rule, a fundamental technical solution or a solution in general view. In some cases, it's even better. Such a decision, more precisely, a patent already has a wider legal protection or, in other words, a larger scope of rights, i.e. leaves behind the inventor a wide field of technical development and creativity, without the encroachment of competitors. Having such legal protection, as a patent with an increased amount of exclusive rights, you can safely develop your creativity and business further without fear of competitors.
As the idea develops, it is detailed. Accordingly, the scope of rights is reduced. This is not always desirable. To avoid this, it is necessary to refine all logical parallel technical solutions as options or particular solutions.
Depending on the direction, purpose of the idea and its scope, the technical solution developed on its basis can be patented as an invention, utility model and industrial design. It is also possible various options combinations between them. Combination various kinds patenting enhances protection. In some cases, as additional elements of protecting ideas, various options for protection by copyright are used. Ideas in the field of science, literature, art, patenting, as a rule, have no technical content. To protect them, usecopyright rules .
Every day, fundamentally new, advanced technical solutions are born in the minds of inventors. Such achievements require mandatory patent protection. Various systems patents that exist in the world are designed to protect both the moral and material advantages of people who have spent their creative potential on the invention. Despite the “unity of spirit” in understanding the essence of an invention and utility model in the world, each state establishes its own patent rules and regulations governing the process of obtaining protection. That's why the question is always relevant - how to patent an invention and where?
Conditions for the patentability of an invention
To begin with, it is necessary to understand what can generally be patented as an invention and why it is needed.
The main and basic requirement of the invention is the presence of a material object. Therefore, it must be clearly understood that it is impossible to patent:
Not subject to patenting
A business idea that is not related to a technical solution (for example, the idea of a “everything at the same price” store, etc.);
. theories;
. scientific discoveries (however, there are options for protecting the methods of their application);
. mathematical methods;
. regulations;
. training programs;
. social and marketing techniques.
Conditions under which patenting is possible
However, it is possible to patent an invention (Article 1350 of the Civil Code of the Russian Federation) if the presented object contains a technical solution and it meets the patentability criteria such as:
Is new;
. capable of being used in industry;
. has inventiveness
Patentable Objects
Unlike other documents, this type of patent has broader protection options, but also a stricter approach to patentability conditions. For example, unlike a patent for a utility model, which allows you to protect only the material object itself, an invention provides protection, including for:
Technology;
. way;
. method
actions of a material object or influence on it.
Steps to patent an invention
For the success of the idea of obtaining a patented invention, it is necessary to take the process of preparing for the filing of applicant materials very seriously.
Preliminary preparation for patenting
In preparation, you should:
. conduct a preliminary patent search to establish novelty and inventive step.
. identify the closest analogue or analogues relative to which the description of the declared object will be drawn up.
. draw up a description in accordance with the requirements of the regulations, disclosing the essence of the invention, indicating its advantages over the indicated analogues.
. pay mandatory fees for registration of an application and substantive examination
The search stage is very important: it is this stage that allows you to determine how to patent and adopt the right future patent strategy. Search in without fail must be international, since the criterion of "novelty", according to patent law, is considered in relation to open information and patent sources not only in Russia, but throughout the world. At the same time, it is important to search not only by name, but also by key characteristics, technical result.
It is worth noting that in the case of an incorrectly drafted description of the invention or poorly done work on the preparation of the application materials, additional examination requests may arise, which will lead to a significant increase in the period of consideration or to a narrowing of the scope of intellectual property protection, which will affect the market value of the patented invention.
How to prepare yourself
All preparatory work can be carried out independently, having the skills and knowledge, using the open registers of the Patent Office of the Russian Federation http://www1.fips.ru/wps/portal/Registers/ and the very convenient and Russified patent database of the European Patent Office http: //ru.espacenet.com/ , which allows you to search for patent applications for inventions, utility models and received documents from other countries.
Submission of documents
To apply for patent protection, the Patent Office of the Russian Federation requires the following mandatory set of documents:
. a completed application in accordance with the form established by the regulations;
. a description disclosing the essence of the invention;
. summary the essence of the invention on a separate sheet in the form of an abstract;
. a set of essential features of the invention, written in the formula;
. drawings or other images (if necessary);
. payment document confirming the payment of duties.
All of the above documents must comply with the requirements established by the regulations of Rospatent.
Stages of work and scheme of the patenting procedure
In order to patent an invention, after filing materials with Rospatent, the application goes through a series of stages, as a result of which there is interaction between the Federal Authority and the applicant or the applicant's representative:
The key stages are the search during the substantive examination: in fact, based on the results of the sent report on the conducted patent search, one can independently judge the future decision of the examination.
How much does it cost to patent an invention
When contacting a patent company to provide preparatory procedures, you will have to pay for the work.
Tariffs of GPG Patent Office
Conducting an international patent search - from 30 000 rub. - period 10 days
. drawing up a description, abstract formula with filing an application for registration - from 45 000 rub. - period 10 days
Tariffs of Rospatent
A prerequisite for consideration of the application is the payment of fees. It should be noted that payment of the fee without sending confirmation in the form of payment documents to FIPS is not taken into account.
When submitting application materials, payment of the fee is made:
For registration of an application and making a formal examination decision in the amount of 3 300 rub. + 700 rub. for each additional claim over 10.
. for the examination of the invention application on the merits 4 700 rub. and + 2,800 rubles. for each additional independent claim
In order not to delay the process due to sending an extra notice of the successful completion of a formal examination and a request for payment of fees for examination on the merits, it is better to make these payments in a lump sum and attach when filing an application.
Final fee in the amount 4 500 rub. for registration and issuance of a patent, (paid after receiving the long-awaited decision on patenting).
The final fee is also sent to Rospatent with a cover letter.
Be sure to track the transfer of payment on the FIPS website, and not silently wait for a patent for an invention. If the fee is lost, the patent will not be issued, and it will be practically impossible to prove your case.
How to patent abroad
If necessary, obtain international protection new technology in other states, it must be taken into account that it is possible to file an application for an invention, on the basis of an application filed in the Russian Federation, in accordance with the Paris Convention http://www.wipo.int/treaties/ru/ip/paris/ , only within 12 months from day of priority.
Since an application for an invention in the Russian Federation is considered on average for about 1.5 years, at the time of the decision on the positive result of the examination, the deadlines for possible registration abroad pass. Therefore, international patenting should be started in parallel with the stage of examination of the primary application.
The best option in this situation is the execution and filing of an international PCT application, which covers 146 countries and increases the possibility of switching to patenting in other states up to 30 months.
Fees for processing and filing a PCT application
Service of the patent office for registration and filing of an application - 35 000 rub.
. postage fee - 850 rub.
. duty for individual - $138.40
. duty for legal entity - $1384
It is easier to obtain a patent for a product in the form of a utility model, since it must have only two patentability criteria - novelty and industrial applicability.
Often, FIPS simultaneously submits applications for a patent for an invention and a utility model. This allows you to quickly establish priority over similar developments of competitors, which is established from the date of registration of the application with FIPS.
Patent for an industrial design
The appearance of the product can be patented in the form of an industrial design. The patent will cover the design of the object, packaging, label, fonts, etc. To patent appearance product, it must be new and unique. To conduct an examination for uniqueness, you will need to provide Full description products and images. The term of a patent for an industrial design is 5 years, but it can be renewed 4 times every 5 years (20 years in total).
Since 2018, an industrial design can be registered under the Hague system - in 68 countries at the same time. In addition to an industrial design patent, some products can be registered as trademark. For example, the packaging, the shape of the bottle, the unique silhouette of a dress, an iconic shoe, or even a color that is clearly associated with your product. The advantages of such registration:
- unlimited extension of the right to use the product;
- protection against the import of fakes and counterfeit goods at customs.
An application for patenting a product is submitted to the Federal Institute of Industrial Property (FIPS) - an institution of Rospatent. It is it that will conduct an examination of the features of patentability and make a decision on the grant of a patent.
Product patent procedure
To patent a product, you have to go through 10 stages:
- Check the patentability of a product
The first step towards obtaining a patent is to conduct a patent search. First of all, the criteria for the patentability of a product should be established. The search is carried out in the databases of patents not only in Russia, but also in other countries, since the decision on registration is made taking into account the novelty of the international level. All similar solutions are considered, including patent applications.
Keep in mind that Rospatent does not check the product for patent purity, but the court does. If it uses part of another patent, then you can still patent it, but you risk getting a claim from the owner of the used patent for compensation of up to 5 million rubles. Because the court will definitely conduct an examination for patent purity, so it is better to prevent risks and entrust the patent search to our professionals.
- Payment of the first installment of fees
Before you get a patent, you have to pay four fees. Their size is set at the legislative level. Payment is made in three stages: at the stages of application registration, substantive examination and patent issuance.
- Choice of patenting procedure
The choice depends on the country in which the protection of the product is required: Russian, foreign, European, Eurasian, international under the PCT application. To obtain a patent in several foreign states, you will need to go through the procedure for patenting the product in each of them.
- Compiling an application for a product
Compiling an application is more than just filling out an application. It is also required to prepare a description, formula, abstract, product drawings. It is better to entrust these actions to an experienced patent attorney registered in the register of Rospatent, since self-registration will inevitably entail additional requests at the examination stage.
- Sending an application for a product to FIPS
Prepared documents and an application for a patent for an invention, utility model or industrial design - send it to FIPS. This can be done in person, by fax, by Russian post, through the official website of the department or the State Services portal. She will be assigned a number by which it will be possible to track the further process.
- Verify product priority
Priority can be established by the date of filing the first application with FIPS or with a country party to the Paris Convention for the Protection of Industrial Property (conventional priority).
- Examine a patent application
Two examinations are carried out: formal and substantive. The first is to verify that all conditions for filing a patent application are met. The second is to establish the presence of patentability features. Substantive examination - the most difficult stage patenting. It will be difficult to do without the help of an attorney.
FIPS experts may have questions about the application, which are sent in the form of notifications and require a competent answer within 6 months from the date of receipt. Such notifications and responses are sent only by Russian Post. If you do not answer, or do not do it on time, then you will receive a refusal to patent, and no one will return the costs incurred.
- Pay the second part of the fees
Passed all examinations - pay the last two fees within 4 months. You should not miss the payment deadline, otherwise you will receive a fine, and the amount of the fee will increase by 50%.
- Obtain a FIPS decision to grant a patent for a product
FIPS decides to grant a patent for the product and enters the information in the state register.
- Get the original patent
When the patent registration is completed, the original product patent will be sent to you within two weeks.
Terms of product patenting
In order for the patenting procedure to take place within the time limits established by law, it is necessary to follow the rules for filling out an application and describing an invention, utility model or industrial design. In addition to the textual and graphic description, the applicant has the right to use drawings, diagrams, formulas, etc. Only after a well-formed application and a positive decision on it, you can count on obtaining a patent for the product.
According to the law, an invention is patented from 3 months to 5 years, a utility model - on average from 1 to 3 years, an industrial design (design patent) - from 3 months to 1 year.