era information technologies brought many changes to our lives. But first of all, it gave an understanding of the main principle on which it was built modern system values: there is nothing more valuable than an idea. The ability to generate fresh concepts, find your own path and make constructive decisions - today this is the guarantee of success throughout the civilized world. Single successful discoveries also quickly raised many names to the pedestal. The better the idea is applicable, the more in demand it is, the greater the likelihood of its author’s public triumph.
But publicity also has back side. Anything that becomes public is immediately at risk of losing originality, novelty, and with them, authorship. “By going to the people,” creativity can bring them and their individual, most enterprising, representatives great benefits, from which the immediate creator will receive symbolic crumbs. Therefore, every creator, in whose head a more or less viable first idea was born, strives to patent his brainchild as soon as possible.
What idea can be patented?
Nobody wants their idea to be stolen by an impostor. A way to protect your rights in in this case one: obtain an official patent as proof of authorship for own idea so that no one else can encroach on it. In addition to moral satisfaction, such a document gives the right to dispose of the concept and its derivatives at its own discretion: products and/or systems created on its basis. In other words, a copyright patent confirms and protects your exclusive right and priority to use your product intellectual activity.
However, if a truly (or in your opinion) brilliant idea is born in your head, do not rush to see a notary. By law, you can patent an invention, but an idea is just an insight that you, at your discretion, can share or not share with others. The difference between these two concepts is about the same as between word and deed or intention and implementation. So, having come up with something important, try to formulate and adapt your idea in such a way as to turn it into one of these forms:
- Invention– that is, according to the official definition, a technical solution in any field that relates to its product or method. This universal definition covers a very wide range of concepts, from strains of microorganisms to a method of controlling the forces of nature.
- Utility model– this formulation also refers to a technical solution, but, unlike an invention, less stringent requirements apply to it.
- Industrial model– this object intellectual rights refers exclusively to the material embodiment of an idea, its design, design features and overall appearance. At the same time, architectural objects and some other permanent structures cannot be considered an industrial design and therefore cannot receive appropriate legal protection.
Conditions for obtaining a patent
Simply put, legal protection is provided not to the problem, but to its solution. And in order to get it, you must prove that your solution to the problem (set by you personally to yourself or that has long tormented the best minds of humanity) has the following qualities:
- Novelty: no one before you thought of approaching the problem from this side, did not find this answer and/or nothing was known about it until now. Your invention advanced technology to new level development.
- Inventive step: experts in the field will not take your decision for granted based on today's state of knowledge. You must be able to surprise them, and not act as Captain Obvious, reporting something that goes without saying.
- Industrial applicability: your invention can be used practically, be included in production processes, agriculture, etc. and bring concrete results.
Obtaining a patent in Russia
The process of registering intellectual property rights consists of several strictly sequential stages. In order to begin and successfully complete this procedure, you will have to go through all its stages, namely:
- Write a description of the invention. This must be done in detail, listing all the characteristics of the idea, essential and individual, relating to its properties, composition, design, method of use, effects produced. Each element of the device and their combination, interaction, form, materials and media should be described. It is important to properly structure the description and provide it with visual accompanying material, drawings, illustrations, and examples. Offhand, without knowing the scope and principles of operation of your invention, we can assume that in its description, after the name and designation, it would not hurt to place:
- list of structural elements, their location;
- the shape of the elements, their material, the principle and result of interaction;
- a list of actions and/or their combination;
- the order of execution of actions and processes;
- conditions necessary for the implementation of actions and processes, auxiliary devices, etc.
- list of structural elements, their location;
- Conduct a patent search. The fact is that before giving permission to assign a patent, the commission will check the novelty of your invention and its compliance with the other characteristics listed above. To do this, your invention by description is compared with existing, known and included in the database of inventions. The comparison takes place according to parameters depending on the type of invention and the scope of its application. As a result, it becomes clear whether you really created something new, or whether you unwittingly or intentionally “reinvented the wheel,” that is, repeated someone else’s idea, patented earlier. Therefore, in order to avoid refusal to issue a patent, before filing an application, a so-called patent search is carried out to determine the novelty of the invention.
Exists National tax to carry out this examination. By paying for it, you launch the verification mechanism, and you can choose one of the ways to implement it. The most common way is to seek the services of a patent attorney who is familiar with legal procedures, their intricacies and incidents, and knows how to correctly formulate and submit an application in order to receive the desired answer with a high probability. In addition, there is open sources, where you can view the list of existing patents for free and independently compare your own idea with them. But this path comes with risks. Firstly, without the necessary legal experience, the inventor simply does not know what to look for and what to pay attention to. Secondly, free databases usually contain compressed information and are not updated frequently, so they may simply not reflect the real picture. - Apply for a patent, and do it correctly. A patent attorney does this regularly, and you should know that a patent application consists of:
- statements indicating the full name of the author of the invention, the applicant (they may or may not coincide), his postal address (legal and actual);
- descriptions of the invention, the requirements for which are indicated above;
- claims - that is, an expression of its essence based on a detailed description;
- drawings, diagrams, illustrations - in short, Additional materials, helping to understand the content of the invention;
- abstract of the invention.
- statements indicating the full name of the author of the invention, the applicant (they may or may not coincide), his postal address (legal and actual);
After the application has been submitted and the state fee has been paid, you will only have to wait for the verdict of Rospatent, of which you will be notified by letter to the address that you indicate in the application. There are two possible solutions: to issue a patent or to refuse to issue a patent. In the first case, the state registration of the invention will follow, the relevant documents will be issued to you, and official information on the grant of the patent will be published. In the second, undesirable, case, you will have to send a second request or withdraw your application.
The validity period of a patent is counted from the date the application is filed, not from the date the documents are issued. It depends on the subject of the patent and the difficulties associated with it. In particular, a patent for an invention is valid for 25 years, but it is also the most difficult to obtain. The utility model will be protected by a patent for only 10 years, but less stringent requirements are imposed on its patentability, and applications are considered under a simplified procedure. Industrial designs occupy an intermediate position in terms of patentability conditions, mainly originality and novelty, and intellectual rights to them are retained for 15 years. After the patent expires, it can be renewed by going through some of the steps of the procedure again, but much faster and easier.
Obtaining an international patent
You may decide that a Russian patent will not be enough for you to fully conduct business and protect your rights. In this case, it makes sense to think about obtaining a patent valid in the territory of several states at once. Patenting abroad is handled by special departments of the respective countries, and you will have to contact them. In this case, doing it on your own is hardly acceptable, and it is better to use the services of a patent attorney. Moreover, it is not necessary to look for foreigners for this; domestic specialists have the same rights to submit an application and contact official institutions. There are also regional and national attorneys who are familiar with international regulatory documents. But even they will not be able to circumvent the law, according to which you can apply for a foreign patent no earlier than six months after filing the application with Rospatent.
Problems of intellectual property protection concern many inventors, many of whom not only think creatively, but also translate their ideas into entrepreneurial activity. We hope that our tips will help you develop your business and introduce new, truly useful inventions into life.
Today, in all spheres of life, no matter what, there is a huge level of competition. And the most valuable information is worthwhile. Every day people discover and invent something new. To legally obtain the right to a discovery or invention, you need to contact the patent institute.
Concept
Patenting involves a special procedure that involves proving your copyright. Nowadays, such a procedure is very relevant; now many people are wondering whether it is possible to patent an idea. But right away you need to make a reservation that, no matter what amazing thought arises in your head, just record your authorship on the territory Russian Federation will not work. The same result awaits those who are planning to patent a business idea.
According to the legislation of the Russian Federation, copyright can be protected only if there is finished products and samples. Without the implementation of any idea, there will simply be nothing to patent. However, don't get discouraged prematurely. After all, an idea can be visualized in some 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, within the framework of the law it is still possible to achieve this goal using certain mechanisms.
The main weapon in obtaining a patent is the embodiment of the idea in material form. It must be presented in the form technical innovation. To do this, you need a system that implements a business approach. For example, a system that includes a database, some software, modules, and so on. This way, a business idea will turn into a technical solution used to achieve a specific result. With a competent approach, a solution to obtaining a patent may actually be found.
However, competitors can also make efforts and, by adding some adjustments, circumvent the patent and implement the business idea with their own changes. Thus, the defense seems very shaky, although to some extent possible.
What is needed to obtain a patent?
So, the idea must first be implemented in a prototype. Inventions are any technical solutions in any field that relate to a method or product. If an invention is new, has industrial use, or takes an 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 appearance inventions. At the same time, it must be original ergonomically and/or aesthetically in such characteristics as shape, color, configurations, combinations and ornament.
You need to understand that it is impossible to patent a service, because patents themselves are issued for specific artistic, design and technical solutions. Nevertheless, there is the possibility of patenting through the method of providing the 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) issues 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. At the same time, all essential features of the invention are listed that are sufficient and satisfy its technical level. For example, a device characteristic includes a description structural elements, their connections with each other, location, shape of elements individually or the entire device at once, parameters, as well as materials that were used in its manufacture. For such inventions, it is also necessary to describe the design, operation or method in which they are used. Other information may be required for the description.
To characterize a method of producing something, it is necessary to describe the actions, their order, the conditions under which they are reproduced, the devices through which everything happens. This describes the characteristics, features of the invention, methods and methods of its application. It would be good if links and drawings were also provided for clarity. Naturally, the broader the description, the higher the chances of obtaining a patent.
Regulations Federal service on intellectual property, patents and trademarks does not contain all the requirements for what the description should be. However, you should definitely study it before submitting your application and carefully follow all the instructions it contains. And all other details are described additionally.
Patent Application
The application for the grant of a patent must indicate the last name, first name, patronymic, place of residence or location of the applicant. Must also be attached Full description, drawings, diagrams, abstract.
Validity of the patent
An idea can be patented as an invention for twenty years, a utility model for ten years, and an industrial design for fifteen years. The patent applies to the territory of the Russian Federation. In order to patent an idea abroad, it is necessary to apply to patent offices in other countries.
In addition, according to Russian legislation, such an application can only be submitted six months after applying to Rospatent.
Patent in Ukraine
The process of copyright protection in a neighboring country is the same as in Russia. How to patent an idea in Ukraine? The office located in Kyiv is responsible for issuing patents there. They are valid for twenty years, subject to payment of an annual fee.
Checking novelty
Before filing an application, it is necessary to check the invention for novelty. For this, there are special registries, newsletters and, of course, a search engine. Thus, you can independently view information on trademarks, samples, various classifiers, models, and so on about whether a similar invention already exists at this stage of time. You can use a paid search service, which will give a more accurate and informative answer.
If it turns out that it is impossible to patent an idea because someone has already done it, you need to understand what the differences are between the patented idea and the one for which you are just planning to get a patent. It is quite possible that your invention is newer and can become more effective in its implementation than what is already patented.
We'll tell you how to patent an idea in Moscow:
- Search the official website of the Federal Service for Intellectual Property for similar ideas among the patented ones.
- Compose detailed description invention, industrial design or utility model.
- Create a formula according to which you will exclude all similar parts and leave only unique ones.
- Write an essay on the advantages, applications and beneficial consequences of implementing know-how.
- Fill out the forms and pay the state fee.
- Send all Required documents to Rospatent.
Costs of obtaining a patent
There are official fees. The services of attorneys interacting with executive authorities can also be paid separately. The cost of their services may vary significantly, while official fees remain unchanged. In any city you can find patent attorneys and ask them for the cost of services. If it seems too high, you should look for another attorney. As a rule, finding it will not be a problem. In addition, after three years it will be necessary to pay annually fees, the list of which is in the Regulations on Patent and Other Fees.
Purchasing a patent is not an easy and time-consuming procedure, but it is better to spend money on it and make an effort to protect your ideas. After all, becoming the sole owner of an invention costs a lot! Now that you know what it takes to patent an idea, you can do it. All the best to you and good luck in your endeavors!
Worldwide creative ideas make people rich. A person has an idea, he records it, and those who use the fruits of his idea pay money. Russia is no exception. It’s just that not everyone knows how to properly protect their copyrights. In this article we will look in detail at the main ways to patent an idea in Russia, and in what cases it is impossible to do this.
What idea can be patented in Russia: invention, utility model and industrial design
Is it possible to patent an idea in pure form? The correct answer is clear - you can’t. Therefore, this issue requires attention and detailed explanation.
In Russia, the concept of “idea” does not exist in patent law. The idea itself is not protected by law and is not subject to copyright. But inventions are created based on ideas. And they can be patented. Let's look at the main objects of copyright in Russia:
Invention.
Utility model.
Industrial model.
Invention. From a legal perspective, it fits perfectly into the concept of “ideas.” An invention can be either a “technical solution” or a “method of performing an action.” That is, if you have an idea on how to more effectively cultivate agricultural crops, this is subject to copyright and falls under the category of “invention.”
Utility model. This is a solution, a principle of design and operation. It can relate to any areas and spheres of human activity. For example, the existing design of the car does not suit you. You propose a device idea that does not change the appearance of the model, but introduces a number of useful constructive solutions, which have not previously been used. This is the main difference between a utility model and an industrial design.
Industrial model. Represents design solutions that determine external device products. 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 idea to copyright product is a description of the invention. The law requires the inventor to describe all the elements that enable the product to qualify as an “invention.” According to the law, the inventor must list all the quality characteristics that appear during the operation of the product.
When it comes to invented devices, the following points are described:
List of structural 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 production.
Scope of application.
If your invention is a method, it is subject to the following performance requirements:
List of running processes.
The principle of interaction of processes (parallel, sequential, sequential, combined, etc.).
Conditions (principle of using raw materials, order of adding catalysts).
When you patent a method, you must describe in detail the entire technological process, highlighting innovative aspects, justifying the importance of their use.
How to obtain 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, the first step towards a patented idea is this office.
Step 1: Contact Rospatent. You can contact us either personally or through a representative. It is even possible to submit an application electronically or in the form of a traditional letter.
Step 2. Payment for examinations. Their prices, as well as quantities, are strictly regulated. You will have to undergo the following examinations and procedures:
Formal examination (RUB 1,650).
Basic examination (2400 rub.).
Patent registration (RUB 3,250).
Step 3. We are waiting for the result. Typically it takes 2 months for the formal examination and 12 months for the main examination. In case of shortcomings and errors, the application is subject to revision. The applicant has 2 months to correct the shortcomings.
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 regulations in the intellectual property service. It takes a series of complex steps that begin with an application and a fee. The application consists of the following elements:
Patent application. It indicates the authorship of the invention, place of residence, actual place of residence and data of the person applying for the patent.
Description of the invention. It should be as complete as possible, answer all questions and comply with the requirements of the FS Regulations on intellectual property.
Claim. Based on data published in the description section.
Drawings (if necessary).
After completing the application, the following steps follow:
Conducting a formal examination.
Substantive examination (if formal examination has been completed).
Decision on granting a patent certificate.
State registration of a new invention.
Issuance of a patent and publication of information about the fact of issue.
How much does it cost to obtain 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 duties.
For examination.
In the first case, everything is simple. The amounts of official fees are standardized and published in the annex to the FS Regulations 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 a customized cost. In some cities the cost of working for attorneys is higher, in others it is lower. The ideal way assess future expenses - resolve the issue with attorneys in advance.
If you have any difficulties or questions about patent law, please ask.
Patenting a utility model
A utility model patent is the easiest to file, but also requires annual renewal. All you need to do is submit your idea to Rospatent and wait for the result. The application must be accompanied by the following documents:
Statement on 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.
Is it possible to patent ideas 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 little more complicated. The first step is to contact the patent office of the country where you wish to patent the invention. This cannot be done directly. The application is submitted through patent attorneys at the regional or federal level. If among local patent specialists there are specialists with experience in foreign patenting, you can also turn to them for help.
Important: Russian legislation regulates the procedure for obtaining patents abroad. The law prohibits sending an application abroad during 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 cannot be patented?
The basis of the invention is the effective achievement of certain solutions using technology. Therefore, not all products of human creativity are patentable inventions. In Russia the following cannot be considered eligible for patenting:
Theories, mathematical operations.
Principles of structure and management of the economy.
Rules, guidelines, principles of marking and designation.
Principles of constructing mental operations.
Computer programs.
Construction drawings, building designs.
Decisions that relate only to the appearance of the product.
Animal breeds.
Decisions that may harm 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. The Civil Code evaluates inventions as works that have a certain form. That is, if your idea is just a sketch, without comprehensive data, it will not pass the patent office.
Moreover, most ideas are not even assessed as objects of intellectual property rights. Eg:
A literary work (detective) has a finished look and form. It can be reproduced exactly, be unique and be protected by intellectual property rights. But the idea to write literary work, its skeleton, character characteristics are not objects of intellectual property rights. A computer program may be protected by intellectual property rights. But individual elements the code with which it is written is not an object of law.
Still have questions? Ask them the BPU of the Legal Services Exchange!
Every day, fundamentally new, advanced technical solutions are born in the minds of inventors. Such advances require mandatory patent protection. Various systems Patenting existing in the world is designed to protect both moral and material advantages people who spent their creative potential on 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 is why The question is always relevant: how to patent an invention and where?
Conditions for patentability of an invention
First, you need to understand what can 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 is necessary to clearly understand that it is impossible to patent:
Not subject to patent
A business idea that is not related to a technical solution (for example, the idea of a store “everything at one price”, etc.);
. theories;
. scientific discoveries (however, there are options for protecting the methods of their application);
. mathematical methods;
. rules;
. 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;
. suitable for industrial use;
. has an inventive step
Patentable subject matter
Unlike other documents this type has more than one patent ample opportunities protection, but also a more strict approach to the conditions of patentability. For example, unlike a utility model patent, 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 filing application materials very seriously.
Preliminary preparation for patenting
During the preparation process you should:
. conduct a preliminary patent search to establish novelty and inventive step.
. identify the closest analogue or analogues in relation to which a description of the declared object will be compiled.
. draw up a description in accordance with the requirements of the regulations, revealing the essence of the invention, indicating its advantages relative to the specified analogues.
. pay the mandatory fees for registering the application and conducting substantive examination
The search stage is very important: it is this stage that allows you to determine how to patent and adopt the correct further patent strategy. Search in mandatory 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 and technical result.
It is worth noting that in the case of an incorrectly drawn up description of the invention or poorly carried out work on the preparation of application materials, additional requests for examination may arise, which will lead to a significant increase in the consideration period or to a narrowing of the scope of intellectual property protection, which will affect market value 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 to conduct a patent search .espacenet.com/, which allows you to search for patent applications for inventions, utility models and received documents from other countries.
Submission of documents
To request patent protection, the Patent Office of the Russian Federation requires the following: mandatory set documents:
. a completed application in accordance with the form established by the regulations;
. description revealing 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 specified in the formula;
. drawings or other images (if necessary);
. payment document confirming payment of duties.
All the above documents must comply with the requirements established by Rospatent regulations.
Stages of work and scheme of the patenting procedure
In order to patent an invention, after submitting materials to Rospatent, the application goes through a number of stages, as a result of which interaction occurs between the Federal body and the applicant or the applicant’s representative:
The key stages are to conduct a search during the substantive examination: in fact, based on the results of the directed report on the patent search, you 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 the 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
Rospatent tariffs
A mandatory condition 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, the fee must be paid:
For registering an application and issuing a formal examination decision in the amount of 3,300 rub. + 700 rub. for each additional point of the formula over 10.
. for conducting a substantive examination of an invention application 4,700 rub. and + 2,800 rub. for each additional independent claim
To prevent the process from being delayed due to the sending of an unnecessary notification about the successful completion of the formal examination and a request to pay fees for the substantive examination, it is better to make these payments at a time and attach them when submitting the application.
Final fee in the amount RUB 4,500. 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 covering letter.
You should definitely track the receipt of payment on the FIPS website, and not silently wait for a patent for an invention to be received. If the fee is lost, the patent will not be issued, and it will be practically impossible to prove that you are right.
How to patent abroad
If you need to obtain international protection new technology in other states, it is necessary to take into account that filing an application for an invention, on the basis of an application filed in the Russian Federation, according to the Paris Convention http://www.wipo.int/treaties/ru/ip/paris/, is possible only within 12 months from day of receiving priority.
Since an application for an invention in the Russian Federation is considered on average for about 1.5 years, at the time of making a decision on a positive result of the examination, the terms possible registration are held abroad. Therefore, international patenting should begin in parallel with the stage of examination of the primary application.
The most the best option in this situation, this is the preparation and filing of an international PCT application, which applies to 146 countries and increases the possibility of moving to patenting in other countries up to 30 months.
Tariffs for completing and submitting a PCT application
Patent office service for registration and filing of applications - 35,000 rub.
. fee for sending materials - 850 rub.
. duty for individual - US$138.40
. duty for legal entity - US$1384
Non-trivial ideas in business development are invaluable information that allows the author to secure his future. Of course, there are always risks, for example, competitors can use this idea for their own purposes, so the author does not always voice it right away. But there is also a downside to this problem: if you don’t use your idea for a long time, then there is a chance that someone else will think about the same thing.
When a thought turns from an image in the author’s head into something written on paper (or recorded on any material medium), it becomes increasingly difficult to protect it from plagiarism. However, filing a patent for your idea will solve this problem. Today's article is about how to patent an idea in Russia.
Is it even possible to patent an idea in Russia?
It is possible to patent an idea in Russia, but not just any idea - only an object that has a material expression is subject to patenting in the Russian Federation. Some ideas in our country do not require a patent, but are still protected by law. These are, for example, works of art (protected by copyright), computer programs and databases (can be copyrighted or patented). This also includes unique business ideas that are protected as trade secrets in Russia.
Inventions, utility models or industrial designs can be patented in Russia.
Each of these objects must meet criteria such as novelty and originality. An object will meet the condition of novelty if it was not known before.
All objects related to technological solutions:
- Inventions– technologies that are developed in each sphere of human activity. It could be finished products, a method or process of production, the manipulation of an object. An object should be patented if it can be used in industrial production in the future.
- Utility models, or “small inventions”, do not depend on a specific type of human activity.
- Industrial designs– a set of forms, structures, configurations, color range and other design decisions that apply to the object.
However, in order to patent an idea in Russia, you need to find out if there is already a valid patent for a similar idea or object. This can be done in the following ways:
- Enlist the help of an agency that specializes in these types of issues, or contact the patent office. This option is quite expensive, but at the end you will have all the available information on the issue that interests you.
- Read the information presented on the site Federal Institute industrial property (FIPS). There you can also see what services exist (package of paid services with an expanded base, package free services disabled).
- Get acquainted with the information available to residents of Russia at the European Patent Office. Nowadays, quite a lot of information is open to study, so it is advisable to devote some time to searching the Internet on your own.
- Check the originality and novelty of the object at Rospatent by submitting an application to patent the idea.
What conclusions can be drawn: it is not possible to patent an idea in Russia, since the idea does not have a material form. To patent an idea means to make it protected by the state (i.e., it is illegal for third parties to use your idea without your consent). However, patent law assumes that only technical solutions can be patented in Russia. Therefore, it is necessary to formalize the idea into a technical solution, lead to material embodiment, in order to subsequently patent it.
In Russia it is impossible to patent a service, since it is neither a technical solution nor an artistic and constructive one. At the same time, a method of providing a service that is original, novel and has an inventive step can be patented in Russia. For example, a method of training a cat using a laser pointer was patented.
So, it is possible to patent an idea in Russia only in those cases when it - the idea - (under Article 1349 of the Civil Code of the Russian Federation) is the result of intellectual activity in the scientific and technical field, which meets existing requirements, exhibited for inventions, utility models and industrial designs.
How to patent an idea in Russia in the form of an invention
Let’s make a reservation right away: only an invention can be patented (this is prescribed at the legislative level), and an idea is not yet an invention. The difference between an idea and an invention is similar to the difference between intention and implementation.
That is, if you come up with something important, try to express your idea in such a way that you can patent it. Moreover, your thought should receive its material form, it could be:
- An invention is a product or method that represents a technical solution in any field. This includes a large number of options.
- A utility model is also a technical solution, which is subject to less stringent requirements.
- An industrial design is an object of intellectual law that relates only to the embodiment of an idea in a material form. This is the design of the object, it design features and appearance. Architectural objects and other permanent structures do not fall into this category, as a result of which they cannot receive certain legal protection.
- Novelty - no one has approached such a problem from this angle before, and no one has yet given such an answer. The proposed facility can take technology to a new level of development.
- Inventive level - in order to patent an idea, you need to surprise specialists in the chosen field.
- Industrial applicability – the ability to use an object in practice: there is an option that this idea can be implemented in production or agriculture.
That is, before patenting an idea in Russia, you need to decide what specific results the implementation of this idea into reality will lead to. If the criteria mentioned above apply to an idea, then it can be considered patentable (i.e., it can actually be patented).
To obtain IP rights and patent your idea, you need to go through several stages:
- Conducting a patent search. Before submitting documents, the author is recommended to conduct his own patent search, this will avoid refusal in the future. You can contact a specialized company that has an idea of how exactly it is necessary to conduct a search in order to discover all the closest technical solutions, assess the likelihood of obtaining a patent, and also develop a patenting strategy in general.
- Drafting and filing a patent application. The application must be accompanied by a set of documents (description and claims, drawings, diagrams and abstract).
- Payment of duty. When submitting an application, you need to keep in mind that in order to patent an idea in Russia, you need to pay a certain state fee.
- Entry into force of the patent. The validity period of a patent in Russia is counted from the date of filing the application. Different patents are valid different time. The maximum validity period of a patent for an invention is 20 years.
If the invention is medicine, agrochemical or pesticide, then an additional period of validity is provided - 5 years. The validity period of a utility model patent is not extended and is 10 years. The validity period of a patent for an industrial design is 5 years, it can be extended for another 5 years, but for a maximum of 25.
The difficulty of obtaining a patent in Russia depends on its validity period. Once a patent has expired, it becomes public domain.
How to patent an idea in Russia in the form of an industrial design or utility model
In Russia, you can patent an idea that is expressed in the form of an artistic and design solution, handicraft or industrial production. That is, it is possible to create a sample that demonstrates an idea about the design of a product. To patent certain type design and product, it is necessary that the object corresponds certain conditions, such as:
- the novelty of all the main features of the artistic and design product;
- presence individual qualities creative nature and originality of the product.
To patent an industrial design in Russia, you need to draw up an application according to all the rules and submit it to Rospatent. Next stage – expert review products, the result of which directly influences the decision of specialists.
There is a list of products not subject to patent in Russia. These types of industrial designs include:
- liquid, gaseous, granular and other similar objects that do not have a stable shape;
- narrowly focused solutions, where only the functional technical side is clearly expressed;
- all kinds stationary structures(hydraulic, industrial);
- architectural objects (except for small architectural forms).
Registration may take 20 calendar months. In parallel with filing the application, a fee is paid; its amount is affected by the number of sample options specified in the application.
Patenting a utility model in Russia is easier than patenting an invention, since a utility model is not required to comply with an inventive step. Consequently, as a utility model, it is possible to register a solution that is quite obvious to a specialist in the relevant field, which, however, has not been described by anyone before and has not been widely used.
What ideas do not need to be patented in Russia
Before you start collecting documents to obtain a patent, you need to understand the object: not all ideas in Russia need to be patented. Let's say there is no need to register or patent ideas that have become works of art. The same can be said about some ideas in the fields of technology and business. This does not mean that they cannot be protected: there are other options for protecting exclusive rights that provide additional guarantees.
Works of art can be protected by copyright. Authors are vested with exclusive rights, rights of authorship, rights to a name, the right to inviolability of a work, the right to publish a work and other rights (Article 1255 of the Civil Code of the Russian Federation) after the work has been created. An exclusive right is the right to use the results of creativity at one’s discretion in any legal way; the author can dispose of his creation, allow use by third parties or hinder this process (Article 1229 of the Civil Code of the Russian Federation).
Any manipulations associated with the use of works of art (their performance, broadcast in the media), as well as works in the public domain, are protected in Russia by related rights (Article 1303 of the Civil Code of the Russian Federation). Related rights are exercised in compliance with copyrights, acting independently of them, and combine exclusive rights and personal non-property rights (Article 1303 of the Civil Code of the Russian Federation).
The same group of objects includes computer programs(computer programs) and databases. In Russia, they can be protected by copyright and related rights, they can be registered (Article 1262 of the Civil Code of the Russian Federation), if the author so wishes. For registration, an application is submitted to FIPS, and in conclusion a certificate of registration is issued. state registration, and the information is entered into the computer program register or database register.
Business ideas usually take shape know-how(trade secret) is any information unknown to others and of commercial value (Article 1465 of the Civil Code of the Russian Federation). There are no specific measures to protect know-how in Russia; it is enough to simply keep it secret.
Several interesting ideas, once patented in Russia
- Electrotype, authored by Russian physicist Boris Jacobi. It was he who created the world's first electric motor with direct rotation of the shaft, and he also discovered electroforming - a process when metal is deposited on a mold, which makes it possible to create images identical to the original. Using this method, the sculptures located on the naves in St. Isaac's Cathedral were made.
- Electric car, The idea of creating it was proposed by engineer Ippolit Romanov. By 1899, he had already come up with several models of electric cabs. In addition, Romanov invented and brought into reality an electric omnibus for 17 passengers, became the author of a map of city routes for this type of transport and received a work permit.
- Pipeline transport was invented by Alexander Bari and Vladimir Shukhov. They turned to Dmitri Mendeleev's 1863 proposal to transport oil from production sites to a seaport through pipes. Then this idea was rejected, and in 1865 the first pipeline was built in Pennsylvania. In 1878, Shukhov built the first oil pipeline in Russia, proving the convenience and practicality of pipeline transport.
- Multi-engine aircraft“Ilya Muromets” took off on its first flight in 1913 thanks to Igor Sikorsky. The plane featured a comfortable cabin, heating, a bathtub with a toilet and a promenade deck. To demonstrate all the capabilities of the multi-engine aircraft, Sikorsky himself flew it from St. Petersburg to Kyiv and back. In World War I, such aircraft were used as the world's first heavy bombers. Sikorsky also created a helicopter and a quadroplane.
- Color photography was improved thanks to Sergei Prokudin-Gorsky. Although color photographs appeared already at the end of the 19th century, such photographs were distinguished by their shift to one or another part of the spectrum. A photographer from Russia strove for the most natural color reproduction.
- Theremin- This musical instrument, which makes sounds similar to sounds from space. In 1919, Lev Theremin noticed that if you change the position of the body near the antennas of the oscillatory circuits, the volume and pitch of the sound in the control speaker will change. Theremin demonstrated V.I. theremin. Lenin, and then showed it in the USA.
- Tetris- this is an invention research fellow Computer Center of the USSR Academy of Sciences Alexey Pajitnov. Tetris was the first computer game because of iron curtain. At first glance, it seems very simple, but in fact it gives the brain a very good workout.
Patenting is a rather complex process, so it is better to trust the professionals of our company “Tsarskaya Privilege”.