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Patent for an invention: complete instructions for obtaining it. Terms of registration of a patent for an invention. Utility model patent procedure

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?

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. There is also a package of paid services with an extended base and a package free services with restricted abilities.
  • 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 a 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 prepare an application and submit it to the government agency- federal service 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.

Receiving applications and implementing the patenting procedure World Organization Intellectual Property - WIPO.

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.

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 an individual - $138.40
. duty for legal entity - $1384

Today, in all spheres of life, whatever you take, there is a huge level of competition. And worthwhile information is most valued. Every day people discover and invent something new. In order to legally formalize the right to a discovery or invention, you need to contact the Patent Institute.

concept

Patenting is a special procedure that involves proof of copyright. Nowadays, such a procedure is very relevant, now many people are wondering if it is possible to patent an idea. But right away you need to make a reservation that, no matter how amazing the thought may arise in your head, just fix your authorship on the territory Russian Federation will not work. The same result awaits those who are going to patent the idea of ​​a business.

According to the legislation of the Russian Federation, copyright can be protected only in the presence of finished products and samples. Without the implementation of any idea, there will simply be nothing to patent. However, do not get upset prematurely. After all, the idea can be visualized in any way.

Creativity (literary, musical or artistic) is protected by copyright. And scientific or technical ideas implemented in an industrial design or utility model are subject to patenting. As for business ideas, although the law does not provide for their patenting, but within the framework of the law, this goal can still be achieved using some mechanisms.

The main weapon in the implementation of obtaining a patent is the embodiment of an idea in a material form. It is necessary to present it in the form of a technical novelty. This requires a system that implements a business approach. For example, a system that includes a database, any software, modules, and so on. This is how a business idea turns into a technical solution used to achieve concrete result. With a competent approach, it is possible that a solution will indeed be found for obtaining a patent.

However, competitors can also make an effort and, by adding some adjustments, bypass the patent and implement the business idea with their own changes. Thus, the defense seems to be very shaky, although to some extent possible.

What is required to obtain a patent?

So, the idea should be implemented in the first place in prototype. Inventions are any technical solutions in any areas that relate to a method or product. If the invention is new, has an industrial use, or brings the industry to some new level then it is given legal protection. New are previously unknown inventions.

You can also patent artistic and design solutions that determine the appearance of the invention. At the same time, it must be ergonomically and/or aesthetically original in terms of such characteristics as shape, color, configurations, combinations and ornamentation.

You need to understand that it is impossible to patent a service, because the patents themselves are issued for specific artistic, design and technical solutions. However, there is the possibility of patenting through the method of providing a service, of course, subject to the presence of novelty and originality. This is implemented in a similar way, similar to the mechanism described above. Legally, these issues are regulated by part four of the Civil Code of the Russian Federation.

The Federal Institute of Industrial Property (FIPS for short) deals with granting patents. Exist certain rules established by FIPS, according to which inventions are described.

Idea and its description

Before filing an application, you must characterize your invention, that is, describe it. This lists all the essential features of the invention that are sufficient and satisfy its technical level. For example, a device characteristic includes a description of structural elements, their interconnection, location, shape of the elements individually or the entire device at once, parameters, and materials that were used in its manufacture. For such inventions, it is also necessary to describe the design, operation or manner in which they are used. Other information may be required for the description.

To characterize the way something is produced, it is necessary to describe the actions, their order, the conditions under which they are reproduced, the devices by which everything happens. This describes the characteristics, features of the invention, methods and methods of its application. It is good if links and drawings are also given for clarity. Naturally, the wider the description, the higher the chances of obtaining a patent.

The regulation of the Federal Service for Intellectual Property, Patents and Trademarks does not contain all the requirements for what a description should be. However, you should definitely study it before submitting an application and carefully follow all the instructions that are given in it. And all other details are described additionally.

Patent Application

The application for the grant of a patent must indicate the surname, name, patronymic, place of residence or location of the applicant. Must also be attached Full description, drawings, diagrams, abstract.

Patent validity

An idea can be patented as an invention for twenty years, a utility model for ten years, an industrial design for fifteen years. The effect of the patent extends to the territory of the Russian Federation. In order to patent an idea abroad, it is necessary to apply to the patent offices of other countries.
In addition, according to Russian legislation, such an application can be submitted only six months after applying to Rospatent.

Patent in Ukraine

The copyright protection process in the neighboring state is the same as in Russia. How to patent an idea in Ukraine? The department located in Kyiv deals with the issuance of patents there. They are valid for twenty years subject to the payment of an annual fee.

Novelty check

Before filing an application, it is necessary to check the invention for novelty. To do this, there are special registries, bulletins and, of course, a search engine. Thus, you can independently view information on trademarks, samples, various classifiers, models, and so on, whether there is already a this stage time a similar invention. You can use paid service search, which will give a more accurate and informative answer.

In the event that it turns out that it is impossible to patent an idea because someone has already done it, it is necessary to understand what are the differences between a patented idea and one that is only planned to be patented. It is possible that your invention is newer and may be more effective in its implementation than what is already patented.

We will tell you how to patent an idea in Moscow:

  1. Search the official website of the Federal Service for Intellectual Property for similar ideas among the patented ones.
  2. Compose detailed description invention, industrial design or utility model.
  3. Form a formula in accordance with which to exclude all similar parts and leave only unique ones.
  4. Write an essay on the benefits, applications and beneficial effects of the introduction of know-how.
  5. Fill out the forms, pay the state fee.
  6. Send all necessary documents to Rospatent.

Cost of obtaining a patent

There are official fees. Separately, the service of attorneys interacting with executive authorities. The cost of their services can vary significantly, while the official fees remain unchanged. In any city you can find patent attorneys and find out from them the cost of services. If it seems overpriced, you should look for another attorney. As a rule, it will not be a problem to find it. In addition, after three years it will be necessary to pay fees annually, the list of which is in the Regulations on Patent and Other Fees.

Acquiring a patent is not an easy and time consuming procedure, but it is better to invest in it and put in the effort to protect your ideas. After all, it costs a lot to become the sole owner of an invention! Now that you know what it takes to patent an idea, you're good to go. All the best to you and good luck in your endeavors!

How to apply for a patent? We analyze the procedure for registering a title of protection

Patent registration is the only way protection of intellectual property products in real life modern market. Patent for an invention, utility model or industrial model helps to protect the business from competitors, and in some cases - to gain a monopoly in a new market niche. In this article, we will consider in detail the procedure for registering a patent, the timing and cost of its registration.

Why patent registration is so important

The concept of "patent" in Latin means "open, clear, obvious." AT modern world this term is used to denote exclusive rights to any invention, industrial design or development (utility model). In addition, a patent also secures the authorship of the invention and the priority of its owner. In other words, the registration of a patent secures a monopoly on any development in the market, so that no one can use it for commercial purposes without the permission of the patent owner.

Why does a business need to register a patent and what are its benefits?

  • The patent holder has the right to prohibit all other persons from using the invention without his consent, thereby securing his superiority over competitors.
  • Patent - the best way to monetize your ideas, which allows you to avoid competition for a new niche in the market.
  • Registration of a patent allows you to protect a trade secret from depreciation if it is disclosed.
  • Registering a patent allows a business to feel more confident when closing deals, attracting investors and partners, and bringing a product to market.
  • Finally, you will be guaranteed protection from patent claims from competitors who will eventually try to use your invention for their own purposes.

If you created the invention first, but your competitor managed to patent it before you, then you are not protected before the law. In the patent law of the Russian Federation, it is important not who was the first to create a development, but who was the first to receive a patent.

Objects and subjects of patenting

As mentioned above, according to Russian legislation, the objects of patenting can be: utility model, invention and industrial design. A utility model is a technical solution that can be used in any device. To register a patent, a utility model must meet the following conditions:

  • Novelty - the absence of any previously published information about a similar solution.
  • The possibility of practical implementation of the solution in any industry.

An industrial design is an artistic and design decision that determines the appearance of a product (sometimes the term "design" is also used). In particular, it can be a color or pattern, the surface of a product, a combination of two-dimensional or three-dimensional elements. Registration of a patent for an industrial design is used for the design of various products, labels, packaging, interiors, as well as for website interfaces, fonts and coats of arms. The registered design must meet the criteria of novelty and originality.

Technical solutions relating to design, composition, substance, and method of production are registered as inventions.

Computer programs (software) cannot be registered as inventions. scientific theories and discoveries, a variety of products aimed solely at satisfying aesthetic needs, methods and rules of games, mathematical methods. Inventions are not derived breeds of animals, plant varieties and topologies of integrated circuits - these are separate sections of intellectual property rights.

As for the subjects of patent law, legal and individuals, including a group of people. The owner of a patent has the right to sell or transfer it to a third party, as well as use it to protect his legitimate interests.

Procedure for registering a patent

Patent law in Russia is regulated by Chapter 72 of the Civil Code of the Russian Federation, as well as some legal acts, the main of which are:

  • Federal Law of December 30, 2008 No. 316-FZ "On Patent Attorneys".
  • Order of the Ministry of Education and Science of the Russian Federation No. 322 dated October 29, 2008 “On Approval of the Administrative Regulations for the Execution Federal Service on intellectual property, patents and trademarks of the state function for the implementation of ... ".

Validity patent depends on the object of patenting and ranges from 5 to 25 years. In Russia, the relevant state body, Rospatent, is responsible for issuing patents. Registration term patent depends on the object of patenting and the need to perform related procedures. Most patents are registered within a period of several months to one and a half years. The first, but not mandatory stage of registration is a patent search, and the longest is the so-called substantive examination, which we will discuss below.

Patent search

A patent search is necessary in order to make sure that your technical solution is patentable and has sufficient uniqueness and originality. Patent searches are carried out by specialized patent offices prior to filing a patent application. Preliminary estimate patentability is an important step, since it is highly likely that an identical solution already exists in the Rospatent database. Upon receipt of a refusal to register a patent, the paid fee and other expenses are not refundable. Typically, a patent search is completed within 10-15 business days. Some companies offer an accelerated search within 2-3 days.

Preparation of an application for registration of a patent

The filing of an application is an important step in the process of registering a patent. The application is a special form developed by Rospatent, which must be filled out correctly. The document contains information about the author, the applicant and his representative (the author and the applicant - often different faces), the invention itself. In addition, the application shall indicate the list of attached documents. When filling out an application, it is worth paying attention to the “priority” column - the moment from which the invention is used legal protection(here you can specify the date preceding the moment of filing the application with Rospatent).

Collection of documents for registration of a patent

In addition to the application, as already mentioned, the following set of documents is submitted to Rospatent:

  • Name and detailed description of the object, its distinctive characteristics.
  • Drawings revealing the features of the model or invention (if necessary).
  • The claims, which should reflect the main features and unique properties object.
  • Abstract - short description all features of the registered invention.
  • For industrial designs, you must also provide images showing full view about the sample itself.

Before filing documents for registration of a patent, you must pay a state duty. The receipt of payment must be attached to the package of documents. The patent fee is paid at the time of registration of a patent and then annually to maintain the received patent rights, and with each subsequent year of renewal of the patent, the cost of the fee increases.

Transfer of application to Rospatent

After the documents are submitted to Rospatent, they are registered as an application with an indication of the date of receipt. Each application is assigned a 10-digit registration number, and the applicant receives a notification with this number within two weeks from the date of submission of documents. All information about the process of office work for each application is posted on the official website of Rospatent.

Examination of Rospatent

After registration of documents, a formal examination of the application is carried out, during which the following is checked:

  • Availability required documents and compliance with the requirements for them;
  • payment of the due fee;
  • compliance with the application procedure;
  • compliance with the requirement of unity of invention;
  • compliance with the established procedure for submitting additional materials;
  • the correctness of the classification of the invention in accordance with the International Patent Classification.

If all requirements are met, the applicant receives a notification of a positive result of the formal examination within 2 months from the date of receipt of the documents.

  • establishing the priority of the invention;
  • verification of the claims submitted by the applicant;
  • verification of additional materials;
  • verification of the compliance of the invention with the conditions of patentability.

Based on the results of the substantive examination, a decision is made to grant a patent or to refuse to issue or recognize the application as withdrawn.

It should be remembered that substantive examination is carried out only when the applicant submits a request for its conduct. The petition can be filed within 3 years from the date of filing the application with Rospatent. If in specified period application has been filed, the application is considered withdrawn.

Issuance of a title of protection and entry of data about it in the register

Based on the decision to grant a patent, Rospatent enters information about the invention into State Register inventions of the Russian Federation. On the title page of a patent, its number, the name of the invention, the names of authors and patent holders, the date of registration, the date of priority, and the expiration date of the exclusive right to the invention are indicated.

  • for utility models - 10 years (not subject to renewal from January 1, 2015);
  • for industrial designs - 5 years with an extension of no more than 25 years;
  • for inventions - 20 years with an extension of no more than 5 years.

The validity of a patent may be terminated ahead of schedule at the request of the patent owner, as well as in case of failure to pay the patent fee for maintaining the patent in force within the prescribed period.

Patent registration terms

The term for consideration of an application by Rospatent is not established by law and averages 12 months for inventions and 2 months for utility models. Thus, the entire patenting process, including the preparation of documents, can take from several months to one and a half years. In order to obtain a patent in as soon as possible, it is recommended to contact patent attorneys who will help to avoid annoying mistakes when filling out and drafting documents, and will also conduct timely correspondence with the patent office.

The cost of registering a patent

The total cost of registering a patent consists of several components. Firstly, checking the patentability of an invention costs from 20,000 rubles. Preparation of documents and filing an application with Rospatent will cost about 20-40 thousand rubles. You will also need to pay a number of fees:

  • registration of an application with Rospatent - from 850 rubles;
  • conducting an examination of the application on the merits (relevant for industrial designs or inventions) and making a decision based on its results - from 1650 rubles;
  • registration and issuance of a patent - 3250 rubles.

Subsequently, it will be necessary to pay for services to maintain the patent in force (from 6,000 rubles per year) and annual patent fees (from 400 rubles).

All over the world, creative ideas make people rich. A person has an idea, he fixes it, and those who use the fruits of his idea pay money. Russia is no exception. Just not everyone knows how to properly protect their copyrights. In this article, we will consider in detail the main ways to patent an idea in Russia, and in what cases it is impossible to do so.

What idea can be patented in Russia: invention, utility model and industrial design

Is it possible to patent an idea in its purest form? The correct answer is unequivocally - it is impossible. Therefore, this issue requires attention and detailed explanation.

In Russia, the concept of "idea" is not in patent law. The idea itself is not protected by law and is not subject to copyright. But inventions are based on ideas. And they can be patented. Let's look at the main objects of copyright in Russia:

Invention.

Useful model.

Industrial model.

Invention. From the standpoint of law, it fits perfectly under the concept of "ideas". An invention can be both a “technical solution” and a “method of carrying out an action”. That is, if you have an idea how to cultivate agro-industrial crops more efficiently, this is subject to copyright and falls under the category of “invention”.

Useful model. This is a decision, a principle of design and operation. It can refer to any areas and spheres of human activity. For example, the existing device of the car does not suit you. You propose an idea for a device that does not change the appearance of the model, but introduces a number of useful design solutions that have not been used before. This is the main difference between a utility model and an industrial design.

Industrial model. It is a design solution that determines the external device of the product. These can be both ergonomic solutions that affect the quality of use of the product, and aesthetic ones that determine its appearance.

How to patent an invention, industrial design and utility model

The first step on the path from an idea to a copyrighted product is the description of the invention. The law requires the inventor to describe all the elements that allow the product to fall under the concept of "invention". By law, the inventor must list all quality characteristics that appear at the stage of operation of the product.

If a we are talking about invented devices are described as follows:

List of constructive units.

Description of the relationship between structural elements.

The arrangement of structural units in relation to each other.

Form, geometric features and characteristics.

Materials used in manufacturing.

Scope of application.

If your invention is a method, It is subject to the following specifications:

List of running processes.

The principle of interaction of processes (parallel, sequential, sequential, combined, etc.).

Conditions (the principle of using raw materials, the order of adding catalysts).

When you patent a method, you must describe in detail all technological process, highlighting innovative aspects, justifying the importance of their use.

How to get a patent for an idea if it is an invention: step by step instructions

Article 4 of the Russian Civil Code states that Rospatent is responsible for issuing patents. Therefore, this office is the first step towards a patented idea.

Step 1: Appeal to Rospatent. You can apply in person or through a representative. It is even possible to send the application electronically or in the form of a traditional letter.

Step 2 Payment for examinations. Their prices, as well as the quantity, are strictly regulated. You will have to undergo the following examinations and procedures:

Formal examination (1650r.).

Basic examination (2400 rubles).

Patent registration (3250 rubles).

Step 3 We are waiting for the result. Usually it takes 2 months for a formal examination and 12 months for the main one. In case of shortcomings and errors, the application goes for revision. To correct the shortcomings, the applicant has 2 months.

Obtaining a patent for an industrial design

The principle of how to patent an idea in the format of an industrial design is described in the regulation in the Intellectual Property Office. It takes a series of complicated steps that start with an application and a fee. The application consists of the following elements:

Application for a patent. It indicates the authorship of the invention, place of residence, actual place of residence and data of the person applying for a patent.

Description of the invention. It should be as complete as possible, answering all questions and meeting the requirements of the FS Rules on intellectual property.

Claim. Based on data published in the description section.

Drawings (if necessary).

After completing the application, the following steps follow:

Carrying out a formal examination.

Examination on the merits (if a formal examination has been passed).

The decision to grant a patent certificate.

State registration of a new invention.

Issuance of a patent and publication of information about the fact of issuance.

How much does it cost to get a patent for an industrial design

Obtaining a patent is not free and requires certain financial investments, both at the stage of obtaining and after it. There are 2 main areas of spending:

For official fees.

For examination.

In the first case, everything is simple. The official fees are standardized and published in the appendix to the FS Rules on Intellectual Property. Their list and size are fixed. If the patent is registered, then after 3 years you will have to pay annual payments. They are needed to maintain the patent in force.

Important: Examinations are carried out by patent attorneys. Like any service providers, they offer their services at an individual cost. In some city, the cost of the work of attorneys is higher, in others - lower. The ideal way to assess future expenses is to resolve the issue with attorneys in advance.

If you have any difficulties or questions about patent law, please ask .

Utility Model Patenting

A patent for a utility model is the easiest to obtain, but it also requires an annual renewal. All you need is to submit an idea to Rospatent and wait for the result. The application must be accompanied by the following documents:

Statement of the need to conduct an expert assessment of the proposed utility model.

Description of the idea: its characteristics and features.

Abstract.

If necessary - drawings/formulas.

Can ideas be patented abroad?

If your invention has already received patents in Russia, you can go further and patent the product abroad. The practice of obtaining a patent abroad is a bit more complicated. The first step is to apply to the patent offices of the country where you wish to patent the invention. It cannot be done directly. The application is submitted through patent attorneys of the regional or federal level. If among the local patent there are specialists with experience in foreign patenting, they can also be contacted for help.

Important: Russian legislation regulates the procedure for obtaining patents abroad. The law prohibits sending an application abroad within the first six months after filing a similar application in Russia.

Those. if you want to get a patent for your idea abroad, you should file it first in Russia, and if it is not recognized as an invention requiring patenting, go abroad.

What ideas can't be patented?

The basis of the invention is the effective achievement of certain solutions with the help of technology. Therefore, far from all products of human creativity are patentable inventions. In Russia, the following cannot be recognized as suitable for patenting:

Theories, mathematical operations.

Principles of organization and management of the economy.

Rules, guidelines, principles of marking and designations.

Principles of construction of mental operations.

Computer programs.

Construction drawings, building projects.

Solutions that apply only to appearance products.

Breeds of animals.

Decisions that can damage the principles of humanism and reject human morality.

Ideas that do not have a form and mechanism for implementation will also not pass patent examination. Civil Code evaluates inventions as works that have a certain form. That is, if your idea is just a sketch, without exhaustive data, it will not pass the patent office.

Moreover, most ideas are not even evaluated as objects of intellectual property rights. For example:

A literary work (detective story) has a finished look and form. It can be exactly reproduced, be unique and protected by intellectual property rights. But the idea of ​​writing literary work, its skeleton, characteristics of characters - are not objects of intellectual property rights. computer program may be protected by intellectual property. But individual elements of the code with which it is written are not an object of law.

Do you have any questions? Ask them to the BPU of the Legal Services Exchange!