Depending on the type and content of the development, the technology can be patented in the form of an invention. For this purpose, the developer must submit an application, in which the claims of the technical solution and its description must be included. The procedure for patenting a technology will include mandatory examinations aimed at verifying the patentability criteria.
Technology can be presented in the form of a technical solution, i.e. a specific device, product, part or product. Methods of production may also be claimed for patenting, but only inventions are registered in this form. In some countries (e.g., the US), it is possible to obtain patent protection for production and management methods, business ideas and other similar objects.
Let us highlight the key nuances that a developer needs to take into account in order to patent the production technology:
The rights to the technology will be formalized only after the issuance of the patent and entry of the relevant information in the registers. However, already at the stage of filing the application, the developer will be able to obtain national or conventional priority. The essence of such priority lies in the advantages over later applications, if identical technology is included.
If the technology is a method of production, an application for the registration of the invention must be filed. If the result of intellectual work is a technical solution (a separate device), variants are possible - one can secure the rights to an invention or a utility model. The relative similarity between these objects of industrial property allows developers to use an additional option of protection:
Depending on the chosen option of registration, the duration of the patent will also differ. For inventions it will be no more than 20 years, while utility models will be protected for only 10 years. It is not possible to extend the legal protection of a technology, and annual fees must be paid to keep it in force.
Let's look at what patentability criteria the developer who applied for registration of a new technology will have to confirm.
One of the mandatory stages of patenting is a substantive examination. This procedure consists in examining the patentability criteria stated by the developer in the claims and its description. The examination is carried out by Rospatent specialists, and its rules are as follows:
Only if the experts confirm all three of these criteria, a positive decision will be made to register the technology as an invention. As mentioned above, for a utility model, it is sufficient to confirm the criteria of novelty and industrial applicability.
After filing the application, it will be impossible to change the content of the claims and its description. Therefore, the developer should take into account all possible nuances before applying to Rospatent. It is advisable to conduct a preliminary patent search in order to make sure that all the necessary patentability criteria are in place beforehand.
The specialists of our company provide a full range of services for patenting technologies. We will help you draw up an application correctly, disclose all the criteria of patentability, pass through all the stages of registration without any remarks or complaints. To clarify the terms of cooperation with our company you can consult us by phone or through the feedback form.
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