It is easier to obtain a patent for a product in the form of a utility model, since it must have only two patentability criteria - novelty and industrial applicability.

Often, applications for a patent for an invention and a utility model are submitted to FIPS at the same time. This allows you to quickly establish priority over similar developments of competitors, which is established from the date of registration of the application with FIPS.

Industrial design patent

The appearance of a product can be patented in the form of an industrial design. The patent will cover the design of the object, packaging, label, fonts, etc. To patent appearance product, it must be new and unique. To conduct an examination for uniqueness, you will need to provide Full description product and its image. The validity period of a patent for an industrial design is 5 years, but it can be renewed 4 times every 5 years (for a total of 20 years).

Since 2018, an industrial design can be registered under the Hague system - in 68 countries simultaneously. In addition to a design patent, some products can be registered as a trademark. For example, packaging, the shape of a bottle, a unique dress silhouette, an iconic shoe model, or even a color that is clearly associated with your product. The advantages of such registration:

• unlimited extension of the right to use the product;
• protection against the import of fakes and counterfeit goods at customs.

An application to patent a product is submitted to the Federal Institute of Industrial Property (FIPS), an institution of Rospatent. It will be the one who will conduct an examination of the signs of patentability and make a decision on whether to issue a patent.

Product patenting procedure

To patent a product, you have to go through 10 stages:

• Check the patentability of the product

The first step on the path to obtaining a patent is conducting a patent search. First of all, the criteria for patentability of a product should be established. The search is carried out in patent databases not only in Russia, but also in other countries, since the decision on registration is made taking into account novelty at the international level. All similar solutions are considered, including patent applications.

Keep in mind that Rospatent does not check a product for patent purity, but the court does. If it uses part of another patent, then you can still patent it, but you risk receiving a claim from the owner of the patent used for compensation of up to 5 million rubles. Because the court will definitely conduct an examination for patent purity, so it is better to prevent risks and entrust the patent search to our professionals.

• Payment of the first part of the duties

Before obtaining a patent, you will have to pay four fees. Their size is established at the legislative level. Payment takes place in three stages: at the stages of registration of the application, substantive examination and issuance of the patent.

• Selecting a patent procedure

The choice depends on the country in which product protection is required: Russian, foreign, European, Eurasian, international under a PCT application. To obtain a patent in several foreign countries, you will need to go through the procedure for patenting the product in each of them.

• Submitting an application for a product

Making an application is not just about filling out an application. It is also required to prepare a description, formula, abstract, and drawings of the product. It is better to entrust these actions to an experienced patent attorney registered in the Rospatent register, since independent registration will inevitably entail additional requests at the examination stage.

• Submitting an application for a product to FIPS

We have prepared documents and an application for a patent for an invention, utility model or industrial design - send it to FIPS. This can be done in person, by fax, by Russian post, through the official website of the department or the State Services portal. It will be assigned a number by which you can track the further process.

• Certify the priority of the product

Priority can be established by the date of filing the first application to FIPS or to a country party to the Paris Convention for the Protection of Industrial Property (convention priority).

• Pass a patent application examination

Two examinations are carried out: formal and substantive. The first is to verify compliance with all conditions for filing a patent application. The second is to establish the presence of signs of patentability. Substantive examination is the most difficult stage of patenting. It will be difficult to do without the help of an attorney.

FIPS experts may have questions about the application, which are sent in the form of notifications and require a competent response within 6 months from the date of receipt. Such notifications and responses are sent only by Russian Post. If you do not answer, or do not do it on time, then you will receive a refusal to patent, and no one will return the expenses incurred.

• Pay the second part of the duties

Passed all examinations - pay the last two fees within 4 months. You should not miss the payment deadline, otherwise you will receive a fine and the amount of the fee will increase by 50%.

• Receive a FIPS decision on issuing a patent for a product

FIPS makes a decision to issue a patent for a product and enters information into the state register.

• Get the original patent

When the registration of patent rights is completed, you will be sent the original patent for the product within two weeks.

Terms of product patenting

In order for the patenting procedure to take place within the time limits established by law, it is necessary to follow the rules for filling out the application and describing the invention, utility model or industrial design. In addition to text and graphic description, the applicant has the right to use drawings, diagrams, formulas, etc. Only after a competently completed application and a positive decision on it, you can count on receiving a patent for the product.

According to the law, an invention is patented from 3 months to 5 years, a utility model - on average from 1 to 3 years, an industrial design (design patent) - from 3 months to 1 year.

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. Ability to generate fresh concepts, find one's own path and accept Constructive decisions– today this is precisely the guarantee of success throughout the civilized world. Single successful discoveries also quickly raised many names to the pedestal. The better an 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 the priority of using the product of your 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:

1. 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.
   
2. Utility model– this formulation also refers to a technical solution, but, unlike an invention, less stringent requirements apply to it.
   
3. Industrial model– this object of intellectual property relates exclusively to the material embodiment of the 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.
   

But the service cannot be patented. You can obtain a patent for the method of providing this service.

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:

1. 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.
   
2. 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.
   
3. Industrial applicability: your invention can be used practically, be included in production processes, Agriculture and so on. and bring concrete results.
   

These three parameters are called patentability conditions. The state examination has the authority to determine the degree of conformity of each invention for which the corresponding application has been filed. This is a mandatory stage, without which you will not be able to claim recognition of intellectual rights.

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:

1. 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.
     
   In this way, you will organize information about the invention and present it in a form acceptable for perception by a person who is learning about it for the first time. Carefully consider all accompanying materials, take care of the quality of their execution. A detailed diagram descriptions, according to the specifics of your invention, are set out in the Regulations of the Service for intellectual property, patents and trademarks, which can be freely downloaded and studied.
2. 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.
   
3. 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.
     

Don't be intimidated by the apparent complexity and formal nature of these requirements. All of them are standardized and drawn up in forms, samples of which are available in the sources of the same Intellectual Property Service.

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 it will follow state registration invention, issuing you relevant documents and publishing official information about the grant of a patent. 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 from their own rich experience. 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.

Is your head full of ideas and creative thoughts, and some of them can lead to real wealth? Innovative solutions that do not yet exist on the market, but there is demand for them, may turn out to be a gold mine. It is impossible to patent an idea as such.

So if you want to feel the money in your pocket, optimal solution there will be a patenting of a utility model, an industrial design before the new invention sees the light of day.

What is an "invention"?

If you solved a technical problem in a certain area and it refers to the product– device, substance, plant or animal cell culture, microorganism strain; way, or in other words, the process of carrying out actions on an object of material origin using (material) means.

Such a technical solution must be new and useful in economic activity, and it can be applied in practice. And it is considered new if it is unknown from the prior art. Moreover, during the assessment of the level of technology, any publicly available world information will be taken into account (even those that were not used everywhere, but were patented) before the date of birth of your invention.

What is meant by “useful invention”? This technical method solutions in various fields human activity related to the device. At the same time, it must be new and technically applicable. You can patent an industrial design, for example, an artistic design solution that characterizes the appearance of an object based on characteristics that determine its features - a combination of colors, shape, ornament, original configuration.

But it is not possible to patent the service, since this law enforcement document is issued only for technical (or artistic and design) solutions. But a method of providing a service, if it is new, original or has the level of invention, can be patented. If your invention can become the object of industrial property and has already received recognition from official experts, you have the right to state protection in the legal field by receiving a patent - a special law enforcement document. All issues of patenting and intellectual property protection are regulated by law, and the main document is Part 4 of the Civil Code of the Russian Federation.

Innovative ideas and their sources

The main factor determining an idea that can conquer the market and generate income is innovation. An idea can be born from unexpected events that provide the impetus for creating unique opportunities.

Innovative ideas can come from observing the world around us, and some inconsistencies you notice may be the source interesting solutions. A good example is the inventor Bernard Sadow - he solved the problem of heavy luggage while traveling by adding four wheels to the suitcase. Initially, no trading house was interested in his idea, but after several unsuccessful attempts, Bernard finally found a client. The first copies went on sale in 1970, but they are comfortable travel bags having two wheels and retractable handle, which are found in every home today, were later invented by Bob Plaza.

Another source of innovation may be imperfect technological processes. If no one wants to notice this or is simply avoiding problems, then improving such a technical process may be exactly what you need.

Changing industry or market structure creates certain vulnerabilities, which are quickly complemented by innovative services, products and companies. By observing market behavior, you can see what customers need at the moment. The next step is developing an idea and providing people with a finished product or service. Upgrading an old item or replacing it with something new can also be a hugely successful endeavor.

Description of the idea

If you decide to get a patent, you will need to write a description of the idea and invention. To do this, you need to list the most important features of the invention necessary to achieve the technical result that you are claiming. This is a kind of characteristic of a technical effect, property or phenomenon that will appear during the use of a product or implementation of a method.

What features should be reflected in the characteristics of a new device or invention:

• Availability structural element or a complex of elements;
• The relative position of the device elements;
• Relationship between elements;
• The geometric shape of an entire device or element;
• The form of execution of the relationship between elements or nodes;
• Material of manufacture of the element;
• Others important characteristics elements and parameters;
• The medium through which the element functions.

You should also describe the design of the invention and the principle of operation (how it works) using drawings, digital symbols, diagrams, diagrams and other explanatory materials.

Signs that are used to characterize methods:

• The presence of an action or a combination of several actions;
• Conditions under which the action is triggered. Usage various substances(reagents, catalysts, raw materials). Operating mode;
• How actions are performed over time. In a certain combination, simultaneously, sequentially;
• The principle of operation of tools, equipment, devices - devices; plant or animal cells, strains of microorganisms, etc.

If you are patenting a method, you must indicate:

• sequence of actions on an object of material origin (operations, techniques);
• certain modes (pressure, temperature);
• material means that were involved in the process of action - strains, substances, devices;
• conditions for carrying out actions.

If you are interested in the requirements for the description of the invention for which you plan to obtain a patent, you can familiarize yourself with them in the Regulations Federal service on intellectual property, trademarks and patents.

Patent for invention

A patent is the exclusive right of the owner of an idea to use the services of his invention or idea in the territory of a certain country that granted the patent.

Having a patent for a specific invention does not, however, mean the right to use it. For example, if you have a patent on a gun design, you may not always have the right to manufacture it, as there may be issues with patents on the gun's material composition that was patented by someone else. However, if you have an idea for interesting invention, it is worth thinking about its patentability in advance in order to subsequently retain the exclusive right to dispose of it.

The exclusive right to an invention lasts 20 years from the date of filing an application for registration. An invention that can be patented must be new and suitable for industrial use. Or have an inventive step, meaning that it is not considered an obvious fact for professionals in this field.

When assessing the inventive step, all technologies available in the world are used until the filing of a patent application, which also includes patented but not used inventions. This means that a similar invention may exist even if you don't know anything about it.

A citizen who has the right to a patent (patent owner) can give consent to the use of his invention by another person on the basis of a license agreement, which acquires the status of a licensee.

A patent document confirms the existence of a patent and contains a description of the invention, diagrams, and drawings. Such a document is entered into the register, and information about this is published in the news of the patent office.

Ownership of a product sample (utility model)

A product sample is a technical solution related to any area where a person is involved. The creative level of utility models is lower than that of inventions. The novelty and usefulness of the application remain valid.

The validity period of a utility model patent lasts 10 years. The owner of the exclusive right to a utility model may prohibit other persons from making, using, or offering the model for sale.

How to patent an idea?

In our country, patents are issued through the country's patent office, although over the past 20 years there has been a decrease in registered new inventions and contracts, and new patents. Interestingly, the number is increasing original ideas, registered in patent offices outside our country.

To patent an idea, you need to apply for a patent by submitting a set of documents, sample forms of which can be downloaded from the website of the same name. Here you will also find instructions for correct design applications. The set of documents includes:

1. A statement indicating the name of the author of the invention. Indication of place of residence.
2. Presentation of the invention: drawings, design, references to modern technology indicating the exclusivity of the invention, etc.
3. Clear information describing the idea along with characteristic features and its purpose.
4. Other documents, statements, translations, materials, etc., if they are necessary to understand the purpose and principle of operation of the invention.
5. Report.

What can't be patented?

Of course, not everything can be patented. Even theoretically sophisticated innovative ideas cannot be patented. These include, for example, musical and literary works, scientific discoveries, mathematical formulas and calculations that bring benefit and benefit to all humanity, business rules, as well as software for computers. It is also impossible for a patent to cover inventions that may cause harm to the welfare and public order; breeds of animals, surgical methods or methods of treating diseases, but it is possible to patent devices that can improve diagnosis and treatment.

Patent validity period

It is counted from the day on which the person filed the initial application for a patent.
For utility models – a decade. If you patent an invention, it’s twenty years; for industrial designs, it’s fifteen years.

How much does a patent for an invention or idea cost?

What is the cost of obtaining a patent? This includes: fees for patent attorneys handling cases on your behalf in government institutions, payment of official fees, payment of annual fees. Attorneys conduct business with the federal executive authority for intellectual property. Attorney fees may vary, so you can choose best option, the fees are standard. The list and amount of fees can be found in the Appendix to the regulations on patent and other fees.

Obtaining an international patent for an invention

To complete this procedure, you must contact the competent authorities of the relevant countries through attorneys specializing in obtaining an international patent. But one should take into account the fact that an application for a patent outside the country is possible only six months later, from the date of filing the application for an invention with Rospatent. To complete the procedure, we recommend that you familiarize yourself with international legal acts.

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How to obtain a patent for an invention, or the first step towards a successful business

One of the main forms of property protection in the intellectual sphere is a patent for an invention. The patent system promotes technical and economic development, as it stimulates creativity in the intellectual sphere. The patent is issued by the authorities state power and provides the owner with legal rights to developments in various scientific and technical fields. An invention is considered to be a solution of a technical nature or unique way actions.

Conditions for obtaining a patent for an invention

The issuance of relevant documents in Russia is carried out by Rospatent. Security document confirms the priority of development (Article 1354 of the Civil Code of the Russian Federation; the following links to articles refer to this regulatory document), assigns primacy to the author in solving relevant problems (Article 1345) and protects his rights (Article 1363). The patent holder gets the opportunity to freely use the patented object or transfer the rights to use it to other business entities (Articles 1365, 1367).

Obtaining legal protection is possible only if the patented solution is in full compliance following conditions(Article 1350):

1. Novelty . An object or course of action meets this criterion if it is unknown in the world.
2. Inventive level. Development must be creative; it is not the result of a simple logical chain within the framework of a known level of technology development.
3. Industrial applicability. The described problem must be solved technical means, which are sufficient to implement the idea and obtain a new technical result when applying it.

Its author has the right to issue a patent (Article 1357). In this case, the corresponding right can be transferred to the legal successor (for example, if the inventor does not have the financial ability to apply for a patent for himself or introduce a new solution into economic circulation).

Such a transfer of rights is possible in relation to industrial developments (Article 1370), as well as solutions found during the performance of contract work (Article 1371) or during service under a government contract (Article 1373).

A patent application can be filed with government bodies any citizen of the Russian Federation who represents his own interests or is an attorney for other persons.

Procedure for registering a patent for an invention

This procedure is labor-intensive and requires studying the legislation (Part 4 of the Civil Code of the Russian Federation), as well as temporary and financial costs. The most effective way to cope with this task are specialized law firms whose specialists are well acquainted with the legislation and the patenting procedure. Cooperation with professionals allows you to avoid difficulties when corresponding with Rospatent and significantly reduce the risk of refusal to issue.

• Conducting a patent search. It is necessary to identify similar developments. Its goal is to make sure that the corresponding technical solution is truly innovative. In addition, the description of the development submitted to the patent office must include references to prototypes and analogues of the invention. It is based on the results of the verification that the author can decide on the form of legal protection that he will apply for.
• Completing the application and related documents. According to the requirements of the patent office and art. 1376 of the Civil Code of the Russian Federation, the application must include the following documents:
  1. Statement, which indicates the author and applicant, as well as their residential addresses.
  2. Description of the development, its formula, drawings and other materials revealing its essence. The description is prepared in accordance with the regulations of the Federal Institute of Industrial Property, or FIPS (Rospatent department). The description must include: title technical innovation and the index of the IPC (International Patent Classification) heading, indications of the field and level of technology, as well as a description of the essence and method of carrying out the development. There is no requirement to include sensitive information in the description. That is why the preparation of the formula must be approached with the utmost seriousness - an unprofessionally drawn up formula is, in its essence, a disclosure of information about the development.
  3. Essay. Short description essence of the invention.
  4. Information about the priority application and its certified copy (to obtain legal protection of developments under the Paris Convention).
  5. Power of attorney(it is necessary for the applicant’s representative).
  6. Request for a substantive examination.
  7. A document confirming payment of the duty or the possibility of non-payment.

The application can be submitted by fax to in electronic format, by mail, by submitting original documents at the official application acceptance point of Rospatent.

• Registration of application. When submitting an application directly to Rospatent, the patent office provides a Notice of receipt of materials indicating the filing date and the assigned application number.
• Expertise of Rospatent. The examination is carried out in two stages: formal and substantive. The first checks for the presence of the package necessary documents and the correctness of their filling. This process takes up to 2 months. After the verification is completed, the applicant receives a corresponding notification.
  A substantive examination is carried out after receiving a corresponding request from the developer or his representative. It can be provided within 36 months from the date of application. The applicant also needs to pay a state fee.
  During the inspection, the patentability of a technical solution is assessed. After 7 months from the date of filing the application, the applicant receives a report on the information search performed. During the examination process, Rospatent may send requests to the developer to provide additional information or immediately make a decision to register the invention.
• Issuance of a patent for an invention. If the development meets all necessary requirements, then FIPS issues a patent to the applicant subject to payment of the required fee no later than 4 months after receiving the decision to register the invention.

After a patent is issued to the developer, data about the invention is included in the patent register.

Time limit for obtaining a patent for an invention

The period of time from applying to government agencies to obtaining a patent for an invention reaches 18–24 months, for an industrial design - 12 months, for a utility model - 6–8 months. Expedited consideration of applications is not provided for by law.

The period for obtaining a patent can significantly increase due to the duration preparatory work. Drawing up a description of the development, conducting a patent search and other actions take a lot of time (including studying the relevant legislation). Often, applicants who independently prepare an application are denied a patent due to incorrectly drawn up documents. Significantly reduce preparatory stage allows cooperation with specialized bureaus that provide operational and competent preparation patent applications.

Cost of obtaining a patent

The patenting procedure requires payment of a state fee, the amount of which depends on the complexity of the development and its type, the geography of the document (Russian, international) and the degree of complexity of the formula. The list of patent fees, their amounts, procedure and terms of payment are established by Decree of the Government of the Russian Federation of December 10, 2008 No. 941.

The cost of issuing and registering a patent for an invention in Russia starts from 7,350 rubles, for an industrial design - from 5,750 rubles, for a utility model - from 4,100 rubles. The price of services of consulting companies depends on the amount of work performed. Thus, the cost of conducting a patent search starts from 20,000 rubles, preparation and submission of an application to Rospatent - from 30,000 rubles.

The fee may be reduced by:

• 15% when submitting an application electronically;
• 50% for the sole author, who is also the applicant;
• 100% for combat veterans, etc.

Validity of a patent for an invention

According to Art. 1363 of the Civil Code of the Russian Federation, the patent term for an invention does not exceed 20 years (and can be extended for 5 years for medical preparations and agronomic chemicals), for a utility model - 10 years without the possibility of extension, for an industrial design - 15 years. The geography of validity of a document obtained within the framework of the national patent system extends to the territory of the Russian Federation.

A patent for an invention certifies the right of the patent owner to use the development or transfer it to another person. The patent system stimulates creativity in the scientific and technical field and protects the interests of developers. Obtaining a patent is a lengthy process that requires special knowledge. Therefore, the optimal solution is to delegate such a responsible task to professionals.

An invention is an asset to your business, just like real estate or working capital. By neglecting to patent it, you lose your commercial advantage over your competitors. Firstly, you will not be able to make money on your invention as a monopolist for 20 years. Secondly, you will lose protection from unscrupulous competitors who can steal your development with impunity.

If you clearly understand that a technical solution will bring profit, you cannot do without patenting.

The scheme for obtaining a patent for an invention consists of 10 stages. We will tell you what steps you need to go through and what you need to get a patent the first time.

Step 1: Check the patentability of the invention

Many people believe that drawing up an application for an invention is the first step on the path to obtaining a patent. But this is a wrong judgment. First of all, you should establish three essential criteria for the patentability of your development:

• world novelty - the product has not been used anywhere before;
• inventive step - has a certain level of execution;
• industrial applicability - can be used in enterprises and other industrial areas.

To do this, a patent search is carried out in the patent databases of Russia, as well as all industrialized countries. All similar solutions are considered, even those that are not protected by patents. Please note that researching a solution known only in Russia is not enough, since international novelty is taken into account when making a registration decision.

The final decision on the patentability of a development will be made only by examination of the merits of the patent application. In Russia it is held Federal Institute for industrial property (FIPS) after filing an application and paying the patent fee. Don't waste your time and money filing an untested application, especially if you're thinking about patenting a major design.

Why is it important to conduct a patent search? Without checking patentability, you can face two unpleasant moments. The first is the rejection of the application. You will not be able to resubmit a revised application - it will be rejected due to violation of the novelty criterion. The second point is the cancellation of the development. Rospatent does not check the patent purity of an invention, but the court does. If a product uses part of another patent, you risk being sued by its owner. The consequences are unpleasant - not only the loss of the patent threatens, but also compensation of up to 5 million rubles.

How to avoid these risks? Entrust the patent search to our specialists, who will pay significant attention to it. The service includes not only an assessment of the patentability of an invention, but also a study of the patent purity of the development. Based on the results of the patent search, experts will prepare a report if technical product need to be finalized, they will consult and give recommendations. Our search technology allows us to obtain protection from competitors' claims and simplify the procedure for patenting an invention.

Stage 2: Pay the first part of the duties

The patenting procedure is a service that requires payment of fees. There are four of them in total, the size is set at the legislative level. Payment takes place in three stages: at the stages of registration of the application, substantive examination and issuance of the patent.

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