Let's first decide what ideas are generally subject to patenting. Just an idea is not patentable. It is customary to understand an idea as a finished invention, model, or model — something that can be shown in action or presented for familiarization.
The invention is a technical solution (device, substance, cell culture, strain of microorganisms, etc.). If the invention is new (unknown to the prior art), it is subject to legal protection.
It may turn out that you yourself came to the discovery, and then it turned out that such an invention already exists. Here patenting ideas is not possible. This also applies to technical solutions (small inventions), artistic design solutions (industrial designs), etc. Everything should be original and have a completely new look.
How to patent the idea of providing services? Unfortunately, here you will also fall into trouble: services as such are not patented. Even if no one has provided them before, and your solution is know-how. But the situation is not hopeless: you can be patented ways to provide services. Unless, of course, they are distinguished by novelty and have that inventive step, which was mentioned above.
The basic law governing patenting is presented in the fourth part of the Civil Code of the Russian Federation. And now more about how to get a patent for an idea.
You need to start with the application, in which you must describe the invention with a listing of all the essential features (characteristics). To characterize the device, for example, you need:
- the presence of all structural elements;
- an indication of the relationship between these elements;
- their relative position;
- the form;
- options;
- material;
- The environment in which the device should operate.
It is necessary to give a description of the construction of the invention (static state), the operation of the device (tell how it works), provide drawings (or links to them) with digital designations of structural elements and give explanations in diagrams, comments, diagrams.
In the characteristics of the methods usually used: action (or a combination of several actions); the procedure for performing these actions; conditions in which actions are carried out (raw materials, reagents, catalysts, etc.); devices (equipment, devices, tools), strains, cell lines, etc.
This is just the main list of requirements for patented product descriptions. Detailed instructions are provided in the regulations of the Federal Patent Service.
Summarize the above. Question: how to patent an idea? Answer: make an application and pay the fee.
The application should include: an application for a patent indicating the author of the invention (applicant) and his address; full description of the invention; essay.
The amount of duty may vary significantly. Much will depend on patent attorneys and their services. This question, do not be shy, find out in advance from themselves.
In addition, when you ask yourself how to patent an idea, think: can you annually pay the annual fee for maintaining the patent in force? According to the law, the validity of patents is 20 years for inventions; for industrial designs - 15 years; for models - 10 years.
Maybe you should think about how to patent an idea abroad? In this case, you need to contact the patent office of the country where you are going to legitimize your idea. Here, again, attorneys will be required (regional, national or even local, with experience in patenting abroad). But keep in mind: Russian law allows you to apply for patenting outside the Russian Federation only six months after the application was filed with Rospatent.
As you can see, the procedure is complicated and often too expensive.
How to patent a patent cheaper? It turns out that this is still possible. Take the trouble of independent preliminary research to make sure that no one has ever registered such ideas. At least you don’t have to waste money. From free sources you can use the websites of the Federal State Institution FIPS with open registries of structured lists.