A patent is a security document certifying the exclusive right, authorship, and priority of an invention, utility model, or industrial design.
Types of patents
Invention
A technical solution that allows you to perform work with it or represents a method for performing such manipulations.
Utility model
A utility model is granted legal protection if it is new and industrially applicable
Industrial design
This is an artistic design solution for an industrial or artisanal product that determines its appearance (design)
Basics of the registration process
Before applying for patent registration, it is necessary to determine the classes of ICTU (classifier) in respect of which the patent application will be filed.
The cost of registration depends on the number of classes of MCTU.
We recommend that you pre-check for previously registered rights with similar parameters before applying for registration. This procedure will help you save a significant amount of time and money and avoid possible failure. Preliminary verification is carried out within the framework of previously registered rights and cannot be carried out in relation to applications submitted for registration.
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Trademark registration
A trademark — also a trademark or trade mark; referred to as ” ® “or”™”) is a designation that aims to distinguish between products or services of different businesses. A trademark is a protected intellectual property right.
The term of validity of a trademark registration may be extended each time for ten years at the request of the copyright holder submitted during the last year of its validity.
Term of trademark registration: no more than 18.5 months.
In order to provide a state service in terms of state registration of a trademark, service mark, or collective mark, the applicant must submit the following documents:
- Applicationfor state registration of a designation as a trademark with an indication of the applicant, his place of residence or location.
- The claimed designation with mandatory presentation of a visual graphic image.
- List of goods/services for which State registration of a trademark is requested and which are grouped according to the classes of the International Classification of Goods and Services for Registration of Marks.
- Description of the claimed designation.
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Registration of a patent for an invention
As an invention, a technical solution is protected in any field related to a product (in particular, a device, substance, strain of a microorganism, culture of plant or animal cells) or a method (the process of performing actions on a material object using material means), including the use of the product or method for a specific purpose.
Inventions are not considered, in particular: discoveries, scientific theories and mathematical methods, decisions concerning only the appearance of products and aimed at satisfying aesthetic needs, rules and methods of games, intellectual or economic activities, computer programs, decisions that consist only in the presentation of information.
No legal protection is granted as an invention:
1) plant varieties, animal breeds and biological methods of their production, that is, methods consisting entirely of crossing and selection, with the exception of microbiological methods and products obtained by such methods;
2) integrated circuit topologies.
Registration period: 12 months
The term of validity of the right to an invention is 20 years, and there is no right to extend it.
Although a patent for an invention is granted without the right of renewal, the product can be re-patented.
The extension conditions do not apply to medicines, pesticides, and agrochemicals that require a permit from Rosdravnadzor and the Ministry of Agriculture, respectively. The patent for these objects can be extended for 5 years. To do this, the patent holder must submit an application to the FIPS. The application deadline is 6 months before the expiration date, which is counted from the date of issue of the patent or the first license to use the product (it all depends on which of these terms expires later).
- Applicationfor the grant of a patent indicating the author of the invention and the applicant-the person who has the right to obtain a patent, as well as the place of residence or location of each of them.
- Description of the invention, revealing its essence with completeness sufficient for the implementation of the invention by a specialist in this field of technology.
- A claim that clearly expresses its essence and is based entirely on its description.
- Drawings and other materials, if they are necessary for understanding the essence of the invention.
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Registration of a utility model patent
A technical solution related to the device is protected as a utility model.
These are not useful models, in particular: discoveries, scientific theories and mathematical methods, decisions that relate only to the appearance of products and are aimed at satisfying aesthetic needs, rules and methods of games, intellectual or economic activities, computer programs, decisions that consist only in presenting information.
No legal protection is granted as a utility model:
1) plant varieties, animal breeds and biological methods of their production, that is, methods consisting entirely of crossing and selection, with the exception of microbiological methods and products obtained by such methods;
2) integrated circuit topologies.
In order to eliminate or reduce the risk of receiving a rejection decision, we recommend that you conduct a preliminary patent search for compliance with the patentability criteria before submitting an application for registration of a utility model.
- Requestform,
- Description and formula of the utility model,
- Report,
- Drawings and receipts for payment of the fee.
Anyone can apply — either an organization or a citizen. Usually, the applicant is the author of the innovation, but this is not always the case. For example, the applicant may be the employer of the author of an innovation, since the employment contract specifies the conditions for transferring rights to a utility model.
The process of patenting a utility model takes a lot of time, but it still goes faster than patenting an invention. The approximate period for obtaining a utility model patent from the date of filing the application is 7-10 months.
The term of validity of the right to a utility model is 10 years. As in the case of an invention, the term of validity of a patent is not extended.
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Industrial design patent
To apply for a patent, the solution must have:
- It is important that the essential features of the solution, which relate to its appearance, are not known in the world before the patent application is filed. This means that the shape, configuration, color combination, etc. they are not known to anyone.
- These essential features of the solution must be the result of the author’s creative activity.
Examples of industrial designs: product packaging design, labels, product shapes, original fonts, etc.
The right to obtain such a patent initially belongs to the author. However, this right may pass to another person (legal successor) or be transferred under an employment contract (employer), as well as under an assignment agreement.
Patenting of an industrial design is carried out by the Federal Institute of Industrial Property. The application for the grant of a patent for an industrial design (example) includes: an application drawn up according to the model, a description, a list of essential features of the industrial design, a set of product images, drawings of the general appearance of the product, an ergonomic diagram, a confection card.
The registration office conducts an expert examination of the application for an industrial design: it reveals the presence of signs of an industrial design, as well as the novelty and originality of the product.
A patent for an industrial design is issued for a period of 15 years from the date of filing an application for registration with the Federal Institute of Industrial Property (FIPS), with the possibility of extension. A patent for an industrial design is valid for 5 years.The right of ownership of an industrial design must be maintained every year by paying a corresponding fee. Without payment of the fee, the patent is terminated prematurely.
Regulatory documentation:
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