Why do I need a patent? This evidence will protect your invention or idea from unauthorized copying. In addition, it will help bring to justice a person who, giving his discovery as his own, wants to get a patent on it himself. Confirmation of authorship, the status of the copyright holder will contribute to profit from the transfer of rights to use his discovery or idea. But how to patent an invention? In the article we will reveal all the key features of this process.
Patent validation
The first requirement for your discovery is that it should not be on the list of patented inventions that have been registered previously. Development should also not violate the rights of third parties.
Before patenting an invention, it is necessary to conduct a study of its patentability. In Russia, the criteria for the latter are three factors:
- Inventive degree. The discovery should not explicitly follow from what has already been invented and successfully applied.
- Novelty. No one should know about the existence of an idea, opening before you submit an application.
- Applicability. Your decision should be useful for at least one of the areas of activity - industry, agriculture, the social sector, healthcare and so on.
What can not be patented?
Analyzing how to patent an invention in Russia, we list the objects for which it is impossible to obtain such a certificate:
- Scientific theories.
- Mathematical formulas, solutions.
- Varieties of plants.
- Business ideas, marketing techniques that are not related to a technical solution.
- Breeds, species of animals.
- Educational programs.
- Decisions in appearance, design of the invention.
- Computer programs.
- Social techniques.
- Rules and methods of passing the game.
- Technique of economic or intellectual activity.
Who can get a patent?
How to patent an invention yourself? First of all, you must be its creator, author. But another person may also have the right to open:
- Citizen empowered by assignment agreement.
- Transfer under an employment contract (for example, from employee to employer). The latter option is successfully practiced when the customer hires a group of specialists to develop the idea, project and so on.
How to patent an invention in Russia?
For example, you have already made a discovery, formed a qualitatively new solution. Where to patent an invention? You must contact the Federal Institute of Industrial (or Intellectual) Property.
All the preparatory work for patenting can be done independently, based on the open registries of the Russian Patent Office, as well as the fully Russified database of the patent office of European countries.
The applicant must have the following documents in his hands:
- Application for the issuance of a certificate.
- Description of the discovery, invention, revealing its essence.
- Formula of development listing its essential features.
- Design drawings.
- A fact sheet - a summary of the essence of the discovery.
- Proof of payment of required fees.
During the examination, the Federal Institute is authorized to request additional information and clarifications from the discoverer.
The patenting process itself is a long-running business. It may take 20-24 months - the time depends on the completeness and accuracy of the prepared documentation.
Patent preparation
First, do a patent search to identify novelty and inventiveness. It is also necessary to identify the closest analogues of the discovery. Properly you need to approach the preparation of a description of the discovery according to the regulations. The author indicates the advantage of his idea over analogues.
When analyzing how to patent the invention, we advise you to responsibly approach the preparatory stage, namely, to draw up an application for opening. It includes the following:
- The statement itself.
- Description of the invention.
- Discovery formula. And this is the most important part! It is within its limits that your discovery will be protected by law. Therefore, the formula must be written so that the registration retains your maximum rights to the invention.
- Abstract - a concise description of the discovery.
- Drawings, diagrams, photos, videos - if necessary.
Then the necessary fees are paid both for filing an application and for conducting a subsequent examination.
Patent application review
We continue to analyze how to patent the invention. Consideration of a patent application takes place in two crucial stages:
- Formal examination. This is a check of the correctness and amount of information in the documents provided, the classification according to international standards, and so on. If incorrect or incomplete data is provided, then the registering organization sends a corresponding request to the inventor. He has a period of 2 months to send an exhaustive response to the request. In case of delay, the application is automatically withdrawn.
- Substantive examination. Here, experts determine the priority of discovery, explore the formula, applications to it. Development is checked for compliance with patentability criteria. At this stage, the inventor may also receive inquiries to which he is obligated to respond on time. Otherwise, the application is also withdrawn.
If the discovery meets all the requirements, the experts make a positive decision. Then the invention is registered, and its author receives a patent.
How much does patenting cost?
And one more important question. How much does it cost to patent an invention? The procedure involves the payment of fees:
- Registration of the application and conducting a formal examination - 3.3 thousand rubles.
- If there are more than ten points of the formula, then for each additional there is a surcharge of 700 rubles.
- An examination will essentially cost the author of an idea or invention 4.7 thousand.
- If the formula contained additional items, then for each at the second stage of the audit an additional payment of 2.8 thousand rubles is supposed.
- And the final payment is for registration and obtaining a patent on hand. It will cost the discoverer 4.5 thousand rubles.
Patent Validity
A patent for an invention in our country is valid only for 20 years (from the date of filing the application). This period can be extended only for specific types of discoveries.
In addition, the inventor pays a patent fee annually. Delay in the next payment may become the reason for the termination of copyright protection for the opening.
So we have examined the patenting procedure in Russia. It is possible to prepare for it yourself, without the help of specialized agencies. It is necessary in full to provide the necessary information in the application. But the waste cannot be avoided in any way - the procedure involves the payment of a number of duties.