Self-development 

How to patent your invention? Patent for an industrial design. Preliminary preparation for patenting

If your idea is expressed in the form of words, images, sounds, site name, 3D objects, or a combination of these to identify products or create a brand, it can be registered. Russian registration certificate trademark issued by FIPS. He also enters information into the state register.

If you are registering a trademark abroad under the Madrid system, then World Organization intellectual property(WIPO) issues a certificate of registration in English.

A trademark is a means of individualizing your product or service. Its registration also requires investments, since the certificate is issued for only 10 years and must be renewed. However, it not only helps to protect the brand, but also allows you to expand your franchise business ( required condition contracts - the presence of a trademark).

Appellations of origin of goods (AOs)

The name of the place of origin of goods is a means of individualization of a legal entity (Article 1516 of the Civil Code of the Russian Federation). A business idea can be embodied in the name of a product using geographical names. Thus, many products (alcohol, mineral water, cheese, etc.) are associated with a certain territory. For example, French wine from Bordeaux, tea from Indian Darjeeling, tequila from the Mexican town of Tequila.

There are Russian and international system registration of an AO. Registration upon application in Russia is carried out by FIPS - it issues a certificate and enters information about the name in the state register of the AO. The Russians cannot yet use the international, or Lisbon, system, since Russia is not a party to the Lisbon Agreement of October 31, 1958. However, the ability to browse the newsletter or search the Lisbon Express database is open to everyone.

Corporate names of companies

Any company is obliged to develop its own company name (Article 1473 of the Civil Code of the Russian Federation), which includes the name and legal form of the company. The company name can be full or abbreviated, and is reflected in the founding documents.

When a company is registered with the Federal Tax Service, the name is included in the certificate and the unified state register legal entities(Unified State Register of Legal Entities).

What ideas do not need to be registered?

Actors, musicians, directors and other creative workers are exempted from registering their ideas as works of art. The rule also applies to some ideas in the field of technology and business. But this does not mean that they do not receive protection at the state level - there are available ways protection of exclusive rights, which provide additional guarantees.

works of art

Works of art are protected by copyright. After their creation, the author owns the exclusive right, the right of authorship, the right to a name, the right to inviolability and to publish the work (Article 1255 of the Civil Code of the Russian Federation). It does not matter if the work is published or not.

Everything related to the use of works of art is protected as related rights. For example, their performance, broadcast in the media, publication on the Internet.

know-how

Business ideas often take the form of know-how. Know-how, or secret of production, is any information that is unknown to others and is of commercial value (Article 1465 of the Civil Code of the Russian Federation). To protect know-how, it is enough to keep it secret. It does not need to be patented or registered.

Original ideas in business development or ideas of new inventions are valuable information that will allow a person to secure his future and develop in the future. The longer the idea remains in the mind of its creator, the less likely it is that competitors will use it for their own purposes. But the more he keeps it unused, the more likely it is that someone else might come up with the idea.

From the moment the idea is transferred to paper or other material media, the protection of the idea from plagiarism is lost. But there is an opportunity to keep your right - a patent.

Chapter 72 of the Civil Code of the Russian Federation characterizes the concept of patent law. According to the law, it is impossible to simply register your arguments and thoughts. They should be accurately worked out, completed, backed up by facts.

Obtaining a patent for what has been conceived gives the author several advantages, first of all - protection against plagiarism. The author acquires, along with registration, a copyright or exclusive right, which will help protect the idea or rights to it in case of theft by competitors.

An entrepreneur working with patented inventions can choose when, and this is also a plus. Such a system is rare in Russia, but it gives many benefits - it exempts from paying a number of tax payments.

The use of a patent can also be directed to making a profit. You can sell your idea to an interested person for a fairly large amount of money. You can sell not the entire patent, but a license to use it.

The use of such a document can also be aimed at ensuring bank guarantee or just collateral when applying for a loan. As a rule, banks in most cases accept and approve such applications.

What can be registered?

An idea as such cannot be patented. To obtain such a document it needs to be tangible. But not all ideas of the author can be protected by a patent. Some of them simply do not require this procedure, but the law still protects them. Such developments include works of art - they are protected by copyright, computer programs and databases can be protected by both copyright and, if desired, by the owner and patent.

The commercial designation is in constant public access and does not need additional protection. This list also includes unique business ideas. Trade secrets remain the main method of their protection.

Obtaining a patent in Russia covers industrial designs, utility models and inventions.

For all these objects, such indicators as novelty and originality are important and integral. Novelty for an object is characteristic in the event that it was not known before. All objects belong to technological solutions:

  • industrial designs is a collection of forms, structures, configurations, colors and other design solutions applicable to the object.
  • utility models characterized by independence from a particular type human activity. Such objects can be characterized as "small inventions".
  • inventions are technologies developed in any field of human activity. They can be classified as finished products, and to the method or process of production or manipulation of the object. The protection of the rights of an inventor can only be applied if his invention can be further applied in industrial production.

Inventions undergo a more thorough examination, during which they are assigned an inventive step. Any information obtained prior to the filing date of the patent application regarding this subject matter may affect the assessment of the level.

The protection of rights does not apply to inventions related to human cloning and other methods of genetic modification of the human body.

How to check if an idea is patented?

In order to be on the safe side and prevent the possibility of a patent being denied, you need to determine exactly whether a similar idea or product has already been patented. There are several ways to check for such intentions:

  • Contact a professional agency or patent office. These services will cost a lot of money, but as a result, detailed information in areas of interest.
  • View information on the website of the Federal Institute of Industrial Property FIPS. Here is also the package paid services with extended base and package free services disabled.
  • View information available for residents of Russia in the European Patent Office.

A large amount of information is now in open access, so it will be rational to take the time to search the Internet. Checking the originality and novelty of the project is carried out in Rospatent when applying.

How to write a description?

A correctly written description is a guarantee of obtaining a patent. It should reveal the essence of the idea with full description sufficient for the implementation of the idea by a specialist. An application for a patent is drawn up in accordance with the requirements specified in the Civil Code of the Russian Federation.

The characteristic of the device must contain a description of one or more structural elements, connections between them, their relative position, geometric shape of the entire device and its elements, characteristics of materials.

The procedure for obtaining a patent

This procedure is specified in the Civil Code of the Russian Federation:

  1. The first step is to draw up an application and submit it for consideration to the state body - the federal service for intellectual property. The set of documents includes a description and drawings, a claim, an abstract and a statement of the corresponding sample.
  2. Rospatent registers the application and conducts its formal examination, during which shortcomings in the preparation of the application and the attached documents are revealed. The duration of the study - 2 months. For this procedure, the state provides for the payment of a fee. The proof of payment must be attached with the application.
  3. The next step in the verification will be the examination of the application. Here, the compliance of the patented object with all the criteria is checked. Similar registered objects are searched. The duration of this process is not regulated by anything, and a state duty is also paid.
  4. After that, the patent is registered in databases and issued to the owner. Within 2 weeks after being entered into the register and published, the document is sent to the owner.

You can learn more about this procedure from the following video:

How long does it work?

For different ideas The duration of patents also differ:

  • inventions - 20 years;
  • industrial samples - 15 years;
  • useful models - 10 years.

The time limit begins to run from the date of filing the original application.

It is also possible to extend the duration of the rights protection in some cases. For example, for a period of no more than 5 years, it is allowed to extend the protection of rights to inventions in the field of manufacturing medicines, agrochemicals and pesticides. The conditions for renewal are specified in Art. 1363 of the Civil Code of the Russian Federation.

It is prohibited to extend the term of the patent right for utility models from 01/01/2015.

The total cost of a patent will be the sum of the fees, as well as the funds spent on obtaining information. If the application for receipt was made by authorized persons or organizations, then the amount will be much higher.

In order to maintain patent rights to their idea, the owner must pay state annual fees annually, starting from the third year.

International patent

You can get a patent not only within Russia, but also for international transactions. Assigning your idea of ​​such protection can be provided in two ways. The most profitable way is national patenting.

It is impossible to obtain an international patent, the effect of which extends to the territory of any country. An exception is the European and Eurasian documents, which will be valid on the territory of the member countries of these unions. A European patent is valid in 38 countries and can only be granted for inventions. The period for considering an application and obtaining an exclusive right to an invention can last from 3 to 5 years. Applications will have to be created through attorneys in government departments of the countries with which cooperation is planned.

The World Intellectual Property Organization (WIPO) accepts applications and implements the patenting procedure.

The process of assigning exclusive rights to a particular object on international level does not differ from the process within the country. Today, a new simplified system for filing applications for the protection of rights has been developed, which operates within the PCT. Patenting in this way will protect the object in 146 countries.

To begin with, it will be necessary to leave an application for registration, which in due time will already protect the rights of the inventor to the idea. After submitting the first application, 18 months pass, during which the applicant must decide on the list of countries in which he plans to work.

An invention is the most complex object of intellectual property. It is logical that the patenting of inventions is a very difficult, lengthy and expensive process.

On the other hand, the inventor has a real chance of becoming famous, increasing the value of his company, or selling his idea for a lot of money (if you wish, you can). To do this, you must declare your invention first. How to get a patent for an invention? Where to apply for this? What is the procedure for registering this object of intellectual property? How much does it cost? Let's try to answer these questions.

Step by step procedure for obtaining a patent

To apply for a patent for an invention, you must go through the following steps:

  1. Preparation of documents.
  2. Contacting an authority executive power that grants patents for inventions - Rospatent.
  3. Examination of the application. It includes a formal stage, during which the submitted documents are examined, and the substantive examination of the intellectual property object.
  4. Issuance of a patent and registration of an invention in the Bulletin of Rospatent.

This instruction is very generalized, since each of its paragraphs involves additional actions by the applicant, because the registration of an invention does not always go smoothly. The procedure for obtaining a patent can be complicated by problems with examination, lack of documentation, the need to pay additional fees.

Before applying for a patent for an invention, it is advisable to search among already patented objects in order to check if a similar product has been invented before..

Such a search is carried out by specialized companies. It can be carried out independently, but specialists have access to databases on objects for which an application has already been submitted, but there is no final decision yet.

If a similar application is already being processed by Rospatent, you should wait for the result of consideration of it, since the money for patenting will not be returned. In addition, the author of the invention is the one who filed the application earlier.

In addition, one should not think that the term of a patent for an invention is infinite, since a patent is issued for a certain period, for which it is necessary to pay annually.

Obtaining a patent for a new invention is possible only if it meets the conditions of patentability put forward by the legislator in Art. 1350 of the Civil Code of the Russian Federation:

  • novelty;
  • the presence of an inventive step;
  • possibilities for industrial applications.

Specialists carefully check the listed items, the author must prove their presence in the submitted documents. Thus, the registration of a patent for a new invention begins with the manufacture of the necessary drawings, writing formulas and describing your technical solution.

  1. To begin with, the object must be properly described. The description should contain the following components:
  • object index selected from the International Patent Classification;
  • name of the invention;
  • the field of technology in which the object can be used;
  • state of the art - known analogues of the product and the problem solved by the invention are described;
  • disclosure of the essence of the object - it is described how it was possible to solve the problem with the help of the invention, the technical result of using the object;
  • description of the drawings (if they are necessary for the object);
  • implementation of the invention - describes how to use the object in order to achieve the desired result;
  • sequence listing (for chemical formulas);
  • information about conducted preclinical studies (for medicines).
  1. Next, you need to draw up the claims. Its points must be stated as concisely and clearly as possible, without forgetting anything. The formula is required to determine the scope of legal protection provided to an object of intellectual property. If the author, for some reason, has forgotten an important claim, after submitting documents to Rospatent, he has the right to file a request for clarification of the claims, but in this case, the amendment will be paid.
  2. Drawings are being made. If they are not appropriate, you need to prepare drawings, diagrams, illustrations, photographs or tables instead. The drawings cannot contradict the description of the object. They are performed according to general rules set for graphic images - the same height of letters, a single numbering, the thickness of lines depending on their significance, maintaining proportions, etc.
  3. An abstract is compiled - a description of the object in an abbreviated form. The recommended length is up to 1,000 characters.

Application to Rospatent

How to get a patent for an invention? An application for an invention in Russia is submitted in the following ways:

  • by personal appeal (Rospatent is located in Moscow);
  • through the expedition of Rospatent;
  • by fax (in this case, the documents and their originals must be submitted to executive agency within a month);
  • through the portal of public services;
  • across online page Rospatent (documents are signed with an electronic signature).

The application must include (Article 1374 of the Civil Code of the Russian Federation):

  • statement;
  • description of the object;
  • formula;
  • blueprints;
  • essay.

The application is drawn up in Russian, if necessary, a translation is attached. Also at this stage, you can write a request for an examination, but it is allowed to do this later. The cost of registering an application and checking documents for completeness depends on the complexity of the claims. The state duty is 3,300 rubles + 700 rubles for each claim exceeding the 10th.

First, a formal examination is done to check whether all the documents have been submitted by the applicant. If everything is in order, Rospatent makes a positive decision and publishes information about the application in a special bulletin. The terms in which this material is placed is 18 months from the date of the author's application. The inventor may apply for the placement of information about his object ahead of schedule. In this case, the publication will have to pay 800 rubles. From the moment of publication of the application, the invention is granted legal protection (Article 1392 of the Civil Code of the Russian Federation).

During the examination, the specialist evaluates not only the object in terms of its scientific validity, but also conducts an information search on applications.

  • conducting an information search and providing a report on it - 9,500 rubles + 6,200 rubles for each claim, more than 1;
  • substantive examination, carried out within 7 months from the date of filing the application, if there is a report on information retrieval– 12,500 rubles + 9,200 rubles each for more than 1 claim;
  • substantive examination conducted throughout the year - 4,700 rubles + 2,800 rubles for each claim, more than one + 5,400 rubles for each claim exceeding the 5th;
  • extension of the deadline for responding to the request of an expert on emerging issues during the study - 800 rubles for each month;
  • restoration of the deadline for accepting documents - 2,100 rubles.

Examination is the longest stage of patenting. The final decision is usually made within one to two years from the date of the original application.

Grant of a patent and registration of an invention

After a positive decision is made regarding the grant of a patent, the invention is subject to registration, and information about it is published in the Bulletin of Rospatent.

The cost of registering an invention and publishing data about it is 3,000 rubles.

How to register a patent in a special register? Registration of a patent for an invention government bodies carry out independently necessary information to the State Register of Inventions of the Russian Federation.

To obtain a patent for hands, you should pay 1,500 rubles.

Legal status of the patent owner

The patent owner owns his invention. This means that he can:

  • to freely import the invention into the territory of the country;
  • to introduce the invention into civil circulation:
  • sell a patent;
  • store the object in which the invention is used;
  • produce objects in a patented way;
  • mortgage the property or lease it;
  • protect their copyrights in case of encroachment on them by other persons.

In order to profit from your invention, it is recommended to evaluate it. The evaluation of the cost of a patent is carried out by specialists in this field, the cost of such a service is from 30,000 rubles.

The invention is highly valued, you can sell a patent under a contract or grant the right to use the invention under a license.

Alienation of a patent is carried out through Rospatent. It is allowed to sell it even at the stage of obtaining this document. The buyer in this case must pay all fees for the author.

In order to grant the right to use a patent under a license, the patent owner can declare his desire by submitting an application to Rospatent, and the counterparty will be found through the executive authority. The terms of the license are also submitted to the authority - only in this case the author should hope for a reduction in the annual fee.

Patent duration

The patent, as already mentioned, does not last forever. Its validity period is limited to twenty years (clause 1 of article 1364 of the Civil Code of the Russian Federation). For each year of use, starting from the third, you must pay a fixed price, which increases every second year. The cost of the third year of maintaining a patent in force is 1,700 rubles, the twentieth - 16,200 rubles. You need to pay in advance.

If during the period of the patent it will be used under license by third parties, the author is allowed to pay half the established prices per year (Article 1368 of the Civil Code of the Russian Federation).

The extension of the term of patents for invention is allowed only in relation to certain . These are medicines, pesticides and agrochemicals, the issuance of permits for which lasted more than 5 years. The patent is extended in this case for up to 5 years (clause 2, article 1364 of the Civil Code of the Russian Federation).

To renew a patent, you must submit an application within six months from the date of receipt of the relevant permission. The application is submitted in the form approved in Appendix 1 of the Order of the Ministry of Economic Development No. 810. The cost of extending the term is 3,000 rubles.

The patent can also be terminated early. This happens in such cases:

  • if the author has filed an application for early termination of the patent;
  • the patent fee was not paid on time.

If we are talking about early termination at the will of the patent owner himself, the validity of the document ends on the day the relevant application is submitted. If an application is filed for a part of the patented objects, a new patent is issued for the remaining objects.

If the fee is not paid within the prescribed period, the patent, although terminated, is subject to restoration. In this case, the author should file an application within three years from the expiration of the payment deadline. If Rospatent satisfies the inventor's petition, information about the restoration of the patent is published in the official bulletin.

If, as a result of the emergence of a creative idea, you have invented a new utility model, then you need to patent it first. We will tell you how to do this in our article.

First of all, we recommend that you check the novelty of the result of your intellectual activity by searching for information in the databases of Rospatent, foreign databases, scientific and technical journals, since there is a risk that a similar invention has already been patented.

What technical invention can be patented?

You can get a patent for an invention, a new utility model or an industrial design.

So, let's consider these concepts and signs to which they must correspond.

What is an invention?

You are the author of an invention if you have solved a technical problem in any area, and it refers to a device, product, substance, culture of animal or plant cells, a strain of microorganisms, or a process of acting on a physical object using material means (clause 1 of article 1350 Civil Code of the Russian Federation).

A technical solution must necessarily meet the following requirements: firstly, it must be new, that is, not previously invented, or have a new inventive step (clause 1, article 1350 of the Civil Code of the Russian Federation); secondly, the invention must be useful in some field of activity by practical application(Clause 4, Article 1350 of the Civil Code of the Russian Federation). When evaluating compliance with these features, all available data in the world will be examined and novelty will be established taking into account inventions known to the world.

You can also patent the so-called small invention - a utility model, which is understood as a technical solution in the field of human activity that is related to a specific device (clause 1, article 1351 of the Civil Code of the Russian Federation). The model, of course, must also have novelty and be of value in application.

And finally, let's deal with the concept of artistic and design solutions. This is how an industrial design is called in the scientific and technical community, since the most important features of an industrial design are the aesthetic features of its appearance. An industrial design is a solution to the appearance of an industrial or handicraft product (clause 1, article 1352 of the Civil Code of the Russian Federation). A design can be patented if it has signs of novelty and originality.

Where to apply for a patent for an invention?

The procedure for applying for a patent for an invention, utility model or industrial design does not differ significantly, so we will consider the main stages. So, submit your application for a patent for an invention in Federal Service for intellectual property (hereinafter referred to as Rospatent), which will register the documents and conduct the necessary examinations. You can apply in person, through a legal representative, by mail or courier. In order to use this public service, you need to submit the following documents (clause 2 of article 1375 of the Civil Code of the Russian Federation):

1) an abstract in the original, containing brief accurate information about the novelty, 2 copies;
2) an application for a patent for an invention containing the name of the author, his address and other information, 2 copies;
3) the claims of your invention in two copies, reflecting the whole essence;
4) drawings, originals for understanding the essence of the invention, if any, 2 copies;
5) description of your invention with a more complete disclosure of data for practical use, 2 copies;
6) a request for a substantive examination, 1 copy.

Plus, the application must be attached payment order, which confirms the payment of the patent fee, the amount of which is described below.

If these documents are submitted simultaneously, the date of filing the application will be the day of receipt of all documents. Accordingly, if you bring any of the documents, then the day of application will be
date of submission of the latter (clause 3 of article 1375 of the Civil Code of the Russian Federation).

All the details with a description of these documents, templates, requirements for them and with additional information you will find on the website www.gosuslugi.ru in the section "Obtaining a patent for an invention".

What are the stages and cost of providing this public service?

After submitting the documents listed above, Rospatent will first conduct a formal examination for the presence of all documents and check the correctness of their completion (Article 1384 of the Civil Code of the Russian Federation). So, if not all documents are submitted or there are errors in filling, Rospatent will send a proposal to correct the shortcomings within three months from the date of receipt of such offer. If not, Rospatent recognizes the application as withdrawn (Clause 3, Article 1384 of the Civil Code of the Russian Federation).

If the documents meet the requirements, the state agency will conduct an examination on the merits: that is, it will check whether the given invention will be useful and whether it is really new. If everything goes well at this stage, then Rospatent will make a positive decision to grant a patent for the invention, enter information about the result of your work into State Register inventions and publish information on the grant of a patent in its official source.

The amount of the fee depends on what is subject to patenting: an invention, an industrial design, or utility model(approved by Decree of the Government of the Russian Federation of December 10, 2008 No. 941). For example, consider the basic payments for obtaining a patent for an invention. So, the first payment is the patent fee for the registration of the filed application for an invention and the adoption of an appropriate decision after a formal examination. The patent fee can be paid by bank transfer, its amount is 1,650 ₽. Next, you will need to pay for the examination on the merits - 2,450 ₽. And finally, for the registration of an invention and the issuance of a patent for an invention - 3,250 ₽. The fee may be increased depending on the number of claims used in the invention. Also, among other things, you will need to pay a fee for maintaining the received patent in force.

Exclusive rights are valid for 20 years from the date of filing an application for an invention, 10 and 5 years for a utility model and an industrial design, respectively. After the expiration of these terms, the invention (utility model, industrial design) goes into the public domain.

So, after obtaining a patent for your invention, you will have state protection for the result of your intellectual work and the possibility of monopoly production of your own invention, as well as the exclusive right to transfer the right to manufacture to third parties. And now you can safely call yourself an inventor.

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 design or utility model.

Based on this, we conclude: an idea can be patented only by turning it into a technical solution (solving a problem using technical means labor that results in a certain result.

We need to wrap the idea in 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.

  1. 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.

  2. 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.

  3. Industrial designs are technical solutions related to appearance 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;
  • useful 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?

  1. First of all, we turn to Rospatent. It can be done:
  • personally;
  • through a representative
  • by mail;
  • through a single portal of public services.
  • For many, the question of cost is in the first place, so we will talk about the mandatory payments and state duties that must be paid:
    • 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.
  • Patent periods.

    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?

    1. In the same way, as with the invention, it is necessary to apply to Rospatent.
    2. 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.
  • Documents to be submitted to Rospatent:
    • 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:

    • over 18 years of age;
    • permanently registered in the Russian Federation;
    • having higher education;
    • with 4 years of experience in the chosen field of activity.

    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.