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Inventions and utility models

Inventions and utility models

Nowadays, it is very difficult to protect your interests, especially in the field of intellectual property. We provide information for creative and talented people being the authors of innovative developments that can be effectively used in various sectors of the economy making a profit. It is crucial to know how you can professionally protect your developments from competing companies.

Filing an application

  1. To obtain a patent, you have to submit an application to Rospatent. The application is subject to examination. When deciding whether or not to grant a patent, the provisions of Articles 1350 and 1351 of the Civil Code of the Russian Federation are taken into account.

  2. When filing an application for an invention or utility model with Rospatent, it is necessary to pay patent fees, the amount of which, as well as the procedure and terms for their payment are established by the Government of the Russian Federation and are regulated by the Regulation on Patent and Other Fees.

  3. State registration for an invention or utility model, which is carried out at the Federal Institute of Industrial Property, is the most reliable solution for protecting the development of the author. Moreover, the author, depending on the nature of the development, may receive a patent for an invention or utility model.

  4. There is a difference in the time between filing an application for a utility model (a patent may take from 8 months) and an invention (registration can take from 18 to 20 months).

Before developing an invention or utility model, it is necessary to consider the presence of objects that are not subject to registration.

Inventions

  1. Varieties of plants;

  2. Breeds of animals;

  3. Scientific theories, discoveries and mathematical methods;

  4. computer programs, rules and methods of games;

  5. topologies of integrated circuits;

  6. decisions regarding only the appearance of the invention.

Utility Models

  1. decisions concerning only the appearance of the utility model or consisting only in the presentation of information;

  2. devices that differ from previously known only in the characteristics of the material or substance used and do not differ in design;

  3. method (technology), substance or other products that are not considered as devices;

  4. a system that is a set of independent devices that are not in constructive and functional unity.

Patent Registration Steps

To register a patent, the following documents are submitted to the Federal Institute of Industrial Property at the preparatory stage:

patent application, formula and description, abstract (a short description of the development), drawings and other materials, if necessary.

It is especially important to correctly describe the formula in order to register with the maximum amount of rights, without violating the rights of third parties.

Patent Registration Steps

1 Rospatent conducts a formal examination of the application. At this stage, the verification of the design of the submitted documents is carried out. The verification of the classification according to the international classifier, as well as compliance with the unity of invention are carried out. If the application does not meet the requirements of the formal examination, Rospatent sends an examination request to the Applicant for the missing documents or the required changes / additions to them. If the Applicant does not respond within the time period established by Rospatent, the application shall be considered withdrawn.
2 At this stage, the formula is checked, as well as all the annexes to the application, the priority of the registered invention and its compliance with the patentability criteria are established. At this stage, Rospatent is also entitled to send a request, if necessary, to provide explanations or additions to the available materials. An application for registration may be withdrawn if the requested documents are delayed on time. The number of examination requests directly depends on the professionalism of both the applicant and the patent attorney who accompanies the process of filing and registering the application.
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