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About Everything Wiki » Business » How to protect your invention: what is a patent and how to issue it

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

19 Jan 2024, 00:00, parser
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What is a patent

This document confirms The Civil Code of the Russian Federation. Article 1354. Patent for an invention, utility model or industrial design 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 created by him. If someone copies the idea, you can go to court and get The Civil Code of the Russian Federation. Article 1406.1. Liability for violation of the exclusive right to an invention, utility model or industrial design compensation from 10 thousand to 5 million rubles or two times the value of the right to use the invention. The same rule applies if any brand decides to use a new product without an agreement with the creator.

Not only individual inventors have the right to a patent, but also groups of researchers or entire companies. For example, Kaspersky Lab has such Since 2019, Kaspersky Lab has received 53 patents for inventions in the field of machine learning / Kaspersky Lab more than a thousand. And yes, it is possible to 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. At the same Kaspersky Lab, most of the latest patents have been issued for new methods of working with machine learning.

Patents are issued by The Civil Code of the Russian Federation. Article 1349. Objects of patent rights 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 ones are new versions of existing items. In this case, a patent is issued for external features. For example, the unique design of a smartphone or the design of a milk carton.

But whatever you get a patent for, you need to check first Objects of patent rights / Rospatent , whether the item meets the requirements of the law.

What qualities should a development have in order to obtain a patent


Illustration: Ketsunthon N / Shutterstock

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

You should not skip this step. Without this, you will at least spend a lot of time preparing papers for patenting, and at most you will run into a claim for violation of intellectual property rights yourself.

Industrial applicability

This requirement applies only to inventions Guidelines for the examination of applications for inventions / FIPS and utility models The Civil Code of the Russian Federation. Article 1351. Conditions of patentability of the utility model . It means that the patented solution will be necessary: there are people or businesses for whom such a thing, technology or material will really help simplify their work. At the same time, there is no comparison with other existing subjects here. 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 of obtaining an exclusive right, because with it it will be possible to create a very compact gadget.


Requirement for industrial designs only Industrial designs / FIPS . They should be fundamentally different from their counterparts. An ordinary red plastic bottle is not suitable for a patent, but if it is, for example, in the shape of a flower, there are chances.

Inventive step

And this requirement is only for inventions. Checking Guidelines for the examination of applications for inventions / FIPS it's like this: a new object or technology is compared with the nearest analog, differences are found, and then they decide how much they affect the process.

There is a critical point here: it is necessary to assess how obvious the proposed patent is to other scientists based on the current level of technology development. In the instructions for the verification of inventions, this condition is explained through such an example. Suppose some recent research has shown that the flavor of butter is given by ingredient X. 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 the papers

Illustration: HAKINMHAN / Shutterstock

In Russia, the copyright for inventions is issued by Rospatent, and documents need to be sent there. In addition to the statement, you will need Objects of patent rights / Rospatent a number of other papers: description, abstract, drawings, images — the exact list depends on the type of development. Everything needs to be filled in The Civil Code of the Russian Federation. Article 1374. Filing an application for a patent for an invention, utility model or industrial design in Russian. You can apply in person at the Rospatent reception point, by mail, fax or online via the FIPS website. For the latter, it is important to have an electronic digital signature.

Submit an application for a 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, this is not the end of the world: Rospatent will simply give the papers for revision. In order to reduce such unnecessary stages, Russia plans to launch a special Fund of domestic inventions by 2025. Its concept will begin to be developed only in December 2023. The Foundation will help with filling out documents, protecting the rights of inventors and other complex tasks.

A fee must be paid for the formal examination. Its size depends on Tables of types of legally significant actions and amounts of duties / Rospatent 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 700 rubles will need to be added for each additional one. The amount for electronic application submission will be reduced by 30%. And there are also benefits: for example, if the author of the invention is alone, then the base 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 fee for the substantive examination

The next stage of the assessment is the most exciting. Here the commission evaluates State registration of an invention and the issuance of a patent for an invention, its duplicate / Rospatent , to what extent an invention, industrial design or utility model meets all the qualities necessary for a patent. The fee 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 inventor, the substantive examination will cost 3,125 rubles, and if he submits an application online — only 2,187.5 rubles. You will be able to calculate expenses in advance again using the FIPS calculator.

Register the invention

If the development has successfully passed all the verification stages, then you can get a patent. But first you need to pay another 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 there are no more benefits and discounts here — the amount is the same for all cases.

The patent has a The Civil Code of the Russian Federation. Article 1363. Terms of validity of exclusive rights to an invention, utility model, industrial design expiration date. It is valid for an invention for 20 years, for a utility model — 10, for an industrial design — 5. In some cases, the deadlines can be extended. For example, the holder of the rights to an industrial design can make such a request simply at will and retain authorship for up to 25 years. Inventions are a little more complicated: extension is possible only for medicines, pesticides and agrochemicals. In any case, after the expiration of the patent, it becomes The Civil Code of the Russian Federation. Article 1364. Transfer of an invention, utility model or industrial design into the public domain is in the public domain and can be used without the personal consent of the author.

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