How to protect your invention: what is a patent and how to apply for it

What is a patent

This document confirms, that the researcher is the only official owner of the invention: only he decides who and under what conditions will use the device or technology he created. If someone copies the idea, you can go to court and get compensation from 10 thousand to 5 million rubles or double the cost of the right to use the invention. The same rule applies if a brand decides to use a new product without an agreement with the creator.

The right to a patent is not only for individual inventors, but also for groups of researchers or entire companies. For example, at Kaspersky Lab such more than a thousand. And yes, you can register not only physical inventions, such as ultra-precise microscopes or bioprostheses, but also new approaches to the production or composition of things and technologies. For the same Kaspersky Lab, most of the latest patents were issued for new methods of working with machine learning.

Patents issue not only for inventions, but also for utility models and industrial designs. The first are improvers of old things. Let's say an innovative laptop screen or a refrigerator cooling mechanism. That is, we are talking here only about technical characteristics. The second are new versions of existing items. In this case, a patent is issued for external features. For example, a unique smartphone design or milk packaging design.

But whatever you get a patent for, first need to checkwhether the item meets the requirements of the law.

What qualities must a development have to obtain a patent?

Novelty

That is, no one in the world has ever received a patent for a similar solution before. It is better to verify this in advance through open databases. You can check Russian patents at website Federal Institute of Industrial Property (FIPS), and see if there were similar solutions in the world, for example through Derwent World Patents Index, Espacenet And Google Patents.

You shouldn't skip this step. Without this, at a minimum, you will spend a lot of time preparing papers for patenting, and at maximum, you yourself will run into a lawsuit for violation of intellectual property rights.

Industrial applicability

This requirement only applies to inventions And utility models. It means that a patentable solution will be necessary: ​​there are people or businesses for whom a similar thing, technology or material will really help simplify their work. However, there is no comparison with other existing items. And there is no question of the number of applications - a patent can be useful even just once. Let's say an extremely thin, but at the same time very weak in performance, mobile processor has a chance to obtain an exclusive right, because with its help it will be possible to create a very compact gadget.

Originality

Requirement only for industrial designs. They must be fundamentally different from their analogues. An ordinary red plastic bottle will not be suitable for a patent, but if it is, for example, in the shape of a flower, there is a chance.

Inventive step

And this requirement is only for inventions. Check it is like this: a new object or technology is compared with the closest analogue, differences are found, and then it is decided how much they affect the process.

There is a critical point here: you need to evaluate how obvious the proposed patent is to other scientists based on the current level of technology development. In the instructions for testing inventions, this condition is explained through the following example. Let's say some recent research shows that ingredient X gives butter its flavor. If a scientist develops a new margarine recipe by adding the same X to it, he will not be able to patent it. Because this solution seems obvious.

How to get a patent

Prepare your papers

In Russia, copyrights for inventions are issued by Rospatent, and documents must be sent there. In addition to the statement will be needed a number of other papers: description, abstract, drawings, images - the exact list depends on the type of development. Fill out everything need to in Russian. You can submit your application in person at the Rospatent reception point, by mail, fax or online through the FIPS website. For the latter, it is important to have an electronic digital signature.

Submit your application for formal examination

The first stage of patent evaluation. Here the commission checks whether the applicant has filled out the documents correctly. By the way, if the answer is negative, it’s not the end of the world: Rospatent will simply hand over the papers for revision. To have fewer such extra steps, in Russia by 2025 are planning launch a special Fund for Domestic Inventions. Its concept will begin to be developed only in December 2023. The fund will help with filling out documents, protecting the rights of inventors and other complex tasks.

A fee must be paid for the formal examination. Her size depends on the patented solution and a number of other factors. For example, the basic fee for an invention is 3,300 rubles, but if its formula consists of more than 10 points, then for each additional one you will need to add another 700 rubles. For electronic submission of the application, the amount will be reduced by 30%. And there are also benefits: for example, if there is only one author of an invention, then the basic fee for him is 825 rubles, and if the application is submitted by a scientific organization - 1,155 rubles. You can calculate everything in advance through a special calculator on the FIPS website.

Pay the substantive examination fee

The next stage of assessment is the most exciting. Here's the commission evaluates, to what extent the invention, industrial design or utility model meets all the qualities necessary for a patent. The duty is already more impressive: for inventions - 12,500 rubles, for utility models - 2,500 rubles, for industrial designs - 3,000 rubles. But again there are discounts. For example, for a single author of an invention, the substantive examination will cost 3,125 rubles, and if he submits an application online, it will cost only 2,187.5 rubles. You can again calculate expenses in advance using the FIPS calculator.

Register your invention

If the development has successfully passed all stages of verification, then a patent can be obtained. But first you need to pay one more fee - for registration of the invention and publication of information about the patent. It is the same for all types of solutions - 3,000 rubles. Discounts and benefits remain.

Get a patent

This is done through the tax service: on the website or in person at the branch. To obtain a paper version of the patent, you will need to pay the state fee again - 2,000 rubles. And here there are no more benefits or discounts - the amount is the same for all cases.

Have a patent There is best before date. It is valid for 20 years for an invention, 10 for a utility model, and 5 for an industrial design. In some cases, the deadlines can be extended. For example, the owner of the rights to an industrial design can make such a request simply at will and retain authorship for up to 25 years. With inventions it is a little more complicated: extension is possible only for medicines, pesticides and agrochemicals. In any case, after the patent expires, it becomes is in the public domain and may be used without the personal consent of the author.