Registration and judicial protection of
intellectual property
intellectual property
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Objects of intellectual property (IP) in the field of science and technology, which are the results of intellectual activity, are strictly protected by state legislation. A utility model belongs to such results.
In order to protect the result of your intellectual work, it is necessary to issue a patent for a utility model, so that another person could not use your development. It is the document of protection that guarantees the legal protection and gives the right holder the exclusive right to use and dispose of his registered device.
It is an innovative technical solution that can be applied in practice. Not only the entire product can be registered as a utility model, but also certain parts, such as parts and some mechanisms that can be implemented in the manufacturing process.
The advantages a patent grants to the right holder:
In Russia, new patents are registered all the time and not only a Russian citizen but also a foreign person can be the right holder, and all the paperwork is handled by a patent attorney accredited by FIPS.
The copyright always belongs to the developer, but the exclusive right to a utility model is granted both to its author and another individual or legal entity, for example, under the contract concluded between the employer and the executor. In this case, the application shall obligatory contain information about the author of the development.
The legislation clearly defines the criteria of patentability, which should be met by an innovative idea. If the declared patent model does not meet them, the patent office will refuse to register it.
The Russian Civil Code defines the conditions of patentability:
The experts of Rospatent check the compliance with the listed criteria. After a detailed study, they make a decision on patenting the product or on refusing it.
According to Article 1350 of the Civil Code of the Russian Federation, legal protection is not granted to the following IP objects:
Thus, it will not be possible to patent all the above-mentioned objects, methods and methods of production, as well as the design of the device.
To begin with, let us outline the general rules for registration of the subject matter of a patent.
It is also possible to patent a device yourself if you have sufficient knowledge of patent law. To minimize the risk of the FIPS refusal of registration, it is advisable to contact a patent office where experts have ongoing practical experience in handling the entire patenting process.
The registration process is somewhat simpler when compared to the granting of a patent for an invention. However, it also has its own peculiarities, which must be complied with in order to obtain a positive decision from Rospatent.
Let's consider the step-by-step instructions:
1. Conducting a patent search - is an optional but recommended procedure before filing an application. It will allow:
The specialists of our company will conduct a preliminary examination, present an objective and reliable report with recommendations for patenting. If necessary, we will make changes to the application, as it would be impossible to do so at the examination stage.
2. Filing an application for patenting a utility model - the next stage, if it is known for sure that the object is not patented by anyone. The application must be properly drafted, as in the absence of the necessary documentation, the expert of Rospatent will send a written request, which will delay the entire process of patenting and the applicant will have to send additional materials. It is necessary to pay the fees and submit the application directly to FIPS by mail, or through the official website of the office. If you choose to submit documents electronically, you must submit a printed version of all forms within one month. An additional advantage of filing the application via the site of FIPS is the reduction of the cost of the fee: it will be reduced by 30%.
3. Conducting a formal examination - is an examination of the completeness of the submitted documents and forms. If there are any questions or claims, the examiner will send a written request to the applicant. If the applicant fulfills the requirements of the request in time, the patenting will continue according to the general rules, otherwise he will lose time and money, as the fee will not be refunded.
4. Conducting a substantive examination. At this stage, the following activities are carried out:
It is with the results of the examination that most of the refusals to register rights are essentially related.
5. Obtaining a patent and entering information. The FIPS specialists will perform the following actions:
Only after a document of protection has been issued does its owner have the right to develop and any illegal use of the patent would be a violation of the law.
The term of a patent is 10 years. During this time, the maintenance fee must be paid. Payment of this fee is mandatory starting from the 1st year after registration. Violation of the terms of payment of the maintenance fee entails early termination of the patent. National and international law does not provide for the possibility of renewal, even for an additional fee.
It is necessary not only to correctly draw up an application and pay state fees in accordance with the regulations, but also to provide a complete package of documents. The list of documents includes:
Many applicants are confused about the differences between these patent objects.
However, it is much longer and more difficult to register an invention. If the developer cannot prove inventive step, he will only be able to obtain a patent as a utility model.
| Subject of legal protection | Distinctive feature | Conditions of patentability | Period of validity of the title of protection | Period of obtaining |
|---|---|---|---|---|
| Invention | A solution which relates to a product or a way of doing things | Novelty, inventive step and industrial applicability | 20 years, renewable for 5 years | 18 months |
| Industrial design | Innovative solutions that define the appearance of the device | New, original | 5 years, renewable for the same period repeatedly, up to 25 years | From 12 months |
| Utility model | Solutions that are applicable to and inseparable from the device | Novelty, industrial applicability | 10 years without possibility of extension | From 6 months |
| Duty | Standard cost (rubles) | Electronic submission of documents (discount -30%) | Cost for single author (rubles) | Electronic submission of documents (discount -30%) |
|---|---|---|---|---|
| For the formal examination | 1400 (If the number of claims exceeds 10, then an additional fee of 700 rubles must be paid for each claim) | 980 | 350 (If the number of claims exceeds 10, then an additional fee of 175 rubles must be paid for each of them) | 245 |
| For conducting a substantive examination | 2500 | 1750 | 625 | 437 |
| For registering | 3000 | 2100 | 750 | 525 |
| For the issuance of a patent | 2000 (from August 17, you will have to pay for a patent if you need a paper version; there will be no fee for an electronic security document) | 1400 | 1500 (as of August 17, there is no need to pay for an electronic document) | 1050 |
The period during which the device will be patented depends on whether the examiner will send requests for documents and the time frame in which the applicant will send the answers to them. On average, the patenting period does not exceed 10 months.
Let's take a look at a few patented solutions and determine why they cannot be patented as inventions.
It is used in the development of oil wells and increases the degree of purification of the final product. This task is achieved by special holes on the side surface of the pipe, protective casing, filtering mesh.
Well filter is patented as a utility model because it is not original enough, that is, a specialist in the field of oil and gas production industry can offer the same solution based on his professional knowledge.
Refers to the field of radio engineering and can be used for outdoor video surveillance in autonomous mode in different climatic conditions. The main difference of this utility model is the presence of two temperature sensors inside and outside. This is necessary to turn on and off the heater depending on the temperature readings and built-in ventilation holes. This increases the efficiency of controlling the temperature itself inside the chamber housing, which increases its performance under different temperature conditions.
This novelty only upgrades and complements the already well-known CCTV cameras, so there is no inventive level.
Refers to attractions that simulate an artificial sea wave. It differs from the registered developments by a higher degree of reliability and durability of the water attraction. This is achieved by changing the design of the webbing itself and the new design of brackets for cross-tensioning, as well as the material of which all elements are made - stainless steel.
As a result, this technical solution lacks originality and cannot be patented as an invention.
Get professional advice from a patenting expert by calling 8(800) 302-49-57, or if you can't decide on the subject matter on your own. Leave an application and our expert will call you back and suggest the most appropriate solution.
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