Patenting in Russia: how much does it cost to obtain documents for a product. How to obtain a patent for an invention, or the first step towards a successful business

Non-trivial ideas in business development are invaluable information that allows the author to secure his future. Of course, there are always risks, for example, competitors can use this idea for their own purposes, so the author does not always voice it right away. But there is also back side this problem: if you don’t use your idea for a long time, then there is a chance that someone else will think about the same thing.

When a thought turns from an image in the author’s head into something written on paper (or recorded on any material medium), it becomes increasingly difficult to protect it from plagiarism. However, filing a patent for your idea will solve this problem. Today's article is about how to patent an idea in Russia.

Is it even possible to patent an idea in Russia?

It is possible to patent an idea in Russia, but not just any idea - only an object that has a material expression is subject to patenting in the Russian Federation. Some ideas in our country do not require a patent, but are still protected by law. These are, for example, works of art (protected by copyright), computer programs and databases (can be protected by copyright or patented). This also includes unique business ideas that are protected as trade secrets in Russia.

Inventions, utility models or industrial designs can be patented in Russia.

Each of these objects must meet criteria such as novelty and originality. An object will meet the condition of novelty if it was not known before.

All objects related to technological solutions:

• Inventions– technologies that are developed in each sphere of human activity. It could be finished products, a method or process of production, the manipulation of an object. An object should be patented if it can be used in industrial production in the future.
• Utility models, or “small inventions”, do not depend on a specific type of human activity.
• Industrial designs– a set of shapes, structures, configurations, colors and other design solutions that are applied to an object.

However, in order to patent an idea in Russia, you need to find out if there is already a valid patent for a similar idea or object. This can be done in the following ways:

• Enlist the help of an agency that specializes in these types of issues, or contact the patent office. This option quite expensive, but at the end you will have all the available information on the issue that interests you.
• Read the information presented on the website of the Federal Institute of Industrial Property (FIPS). There you can see what services exist (package paid services with an extended base, a package of free services with limited capabilities).
• Get acquainted with the information available to residents of Russia at the European Patent Office. Nowadays, quite a lot of information is open to study, so it is advisable to devote some time to searching the Internet on your own.
• Check the originality and novelty of the object at Rospatent by submitting an application to patent the idea.

What conclusions can be drawn: it is not possible to patent an idea in Russia, since the idea does not have a material form. To patent an idea means to make it protected by the state (i.e., it is illegal for third parties to use your idea without your consent). However, patent law assumes that only technical solutions can be patented in Russia. Therefore, it is necessary to formalize the idea in technical solution, lead to material embodiment in order to later patent it.

In Russia it is impossible to patent a service, since it is neither a technical solution nor an artistic and constructive one. At the same time, a method of providing a service that is original, novel and has an inventive step can be patented in Russia. For example, a method of training a cat using a laser pointer was patented.

So, it is possible to patent an idea in Russia only in cases where it - the idea - (under Article 1349 of the Civil Code of the Russian Federation) is the result of intellectual activity in the scientific and technical field, which meets the existing requirements for inventions, utility models and industrial designs.

How to patent an idea in Russia in the form of an invention

Let’s make a reservation right away: only an invention can be patented (this is prescribed at the legislative level), and an idea is not yet an invention. The difference between an idea and an invention is similar to the difference between intention and implementation.

That is, if you come up with something important, try to express your idea in such a way that you can patent it. Moreover, your thought should receive its material form, it could be:

• An invention is a product or method that represents a technical solution in any field. This includes a large number of options.
• A utility model is also a technical solution, which is subject to less stringent requirements.
• An industrial design is an object of intellectual law that relates only to the embodiment of an idea in a material form. This is the design of the object, it design features and appearance. Architectural objects and other permanent structures do not fall into this category, as a result of which they cannot receive certain legal protection.

When an author creates something new, he needs to understand in detail how to patent an idea in Russia. That is, it is not the problem itself that needs to be formalized, but its solution. To patent an idea, the idea (object) must meet the following criteria:

• Novelty - no one has approached such a problem from this angle before, and no one has yet given such an answer. The proposed facility can take technology to a new level of development.
• Inventive level - in order to patent an idea, you need to surprise specialists in the chosen field.
• Industrial applicability – the ability to use an object in practice: there is an option that this idea can be implemented in production or agriculture.

That is, before patenting an idea in Russia, you need to decide what specific results the implementation of this idea into reality will lead to. If the criteria mentioned above apply to an idea, then it can be considered patentable (i.e., it can actually be patented).

To obtain IP rights and patent your idea, you need to go through several stages:

1. Conducting a patent search. Before submitting documents, the author is recommended to conduct his own patent search, this will avoid refusal in the future. You can contact a specialized company that has an idea of ​​​​how exactly it is necessary to conduct a search in order to discover all the closest technical solutions, assess the likelihood of obtaining a patent, and also develop a patenting strategy in general.
2. Drafting and filing a patent application. The application must be accompanied by a set of documents (description and claims, drawings, diagrams and abstract).
3. Payment of duty. When submitting an application, you need to keep in mind that in order to patent an idea in Russia, you need to pay a certain state fee.
4. Entry into force of the patent. The validity period of a patent in Russia is counted from the date of filing the application. Different patents are valid for different times. The maximum validity period of a patent for an invention is 20 years.

If the invention is medicine, agrochemical or pesticide, then provided additional term validity – 5 years. Patent validity period for utility model non-renewable and is 10 years. The validity period of a patent for an industrial design is 5 years, it can be extended for another 5 years, but for a maximum of 25.

The difficulty of obtaining a patent in Russia depends on its validity period. Once a patent has expired, it becomes public domain.

How to patent an idea in Russia in the form of an industrial design or utility model

In Russia, you can patent an idea that is expressed in the form of an artistic and design solution, handicraft or industrial production. That is, it is possible to create a sample that demonstrates an idea about the design of a product. To patent a certain type of design and product, the item must meet certain conditions, such as:

• the novelty of all the main features of the artistic and design product;
• the presence of individual qualities of a creative nature and originality of the product.

To patent an industrial design in Russia, you need to draw up an application according to all the rules and submit it to Rospatent. The next stage is an expert assessment of the product, the result of which directly influences the decision of specialists.

There is a list of products not subject to patent in Russia. These types of industrial designs include:

• liquid, gaseous, granular and other similar objects that do not have a stable shape;
• narrowly focused solutions, where only the functional technical side is clearly expressed;
• all kinds stationary structures(hydraulic, industrial);
• architectural objects (except for small architectural forms).

Registration may take 20 calendar months. In parallel with filing the application, a fee is paid; its amount is affected by the number of sample options specified in the application.

Patenting a utility model in Russia is easier than patenting an invention, since a utility model is not required to comply with an inventive step. Consequently, as a utility model, it is possible to register a solution that is quite obvious to a specialist in the relevant field, which, however, has not been described by anyone before and has not been widely used.

What ideas do not need to be patented in Russia

Before you start collecting documents to obtain a patent, you need to understand the object: not all ideas in Russia need to be patented. Let's say there is no need to register or patent ideas that have become works of art. The same can be said about some ideas in the fields of technology and business. This does not mean that they cannot be protected: there are other options for protecting exclusive rights that provide additional guarantees.

Works of art can be protected by copyright. Authors are vested with exclusive rights, rights of authorship, rights to a name, the right to inviolability of a work, the right to publish a work and other rights (Article 1255 of the Civil Code of the Russian Federation) after the work has been created. An exclusive right is the right to use the results of creativity at its discretion by anyone in a legal way, the author can dispose of his creation, allow use by third parties or hinder this process (Article 1229 of the Civil Code of the Russian Federation).

Any manipulations associated with the use of works of art (their performance, broadcast in the media), as well as works in the public domain, are protected in Russia by related rights (Article 1303 of the Civil Code of the Russian Federation). Related rights are exercised in compliance with copyrights, acting independently of them, and combine exclusive rights and personal non-property rights (Article 1303 of the Civil Code of the Russian Federation).

The same group of objects includes computer programs(computer programs) and databases. In Russia, they can be protected by copyright and related rights, they can be registered (Article 1262 of the Civil Code of the Russian Federation), if the author so wishes. For registration, an application is submitted to FIPS, and in conclusion a certificate of registration is issued. state registration, and the information is entered into the computer program register or database register.

Business ideas usually take shape know-how(trade secret) is any information unknown to others and of commercial value (Article 1465 of the Civil Code of the Russian Federation). There are no specific measures to protect know-how in Russia; it is enough to simply keep it secret.

Several interesting ideas, once patented in Russia

1. Electrotype, authored by Russian physicist Boris Jacobi. It was he who created the world's first electric motor with direct rotation of the shaft, and he also discovered electroforming - a process where metal is deposited on a mold, which makes it possible to create images identical to the original. Using this method, the sculptures located on the naves in St. Isaac's Cathedral were made.
2. Electric car, The idea of ​​​​creating it was proposed by engineer Ippolit Romanov. By 1899, he had already come up with several models of electric cabs. In addition, Romanov invented and brought into reality an electric omnibus for 17 passengers, became the author of a map of city routes for this type of transport and received a work permit.
3. Pipeline transport was invented by Alexander Bari and Vladimir Shukhov. They turned to Dmitri Mendeleev's 1863 proposal to transport oil from production sites to a seaport through pipes. Then this idea was rejected, and in 1865 the first pipeline was built in Pennsylvania. In 1878, Shukhov built the first oil pipeline in Russia, proving the convenience and practicality of pipeline transport.
4. Multi-engine aircraft“Ilya Muromets” took off on its first flight in 1913 thanks to Igor Sikorsky. The plane featured a comfortable cabin, heating, a bathtub with a toilet and a promenade deck. To demonstrate all the capabilities of the multi-engine aircraft, Sikorsky himself flew it from St. Petersburg to Kyiv and back. In World War I, such aircraft were used as the world's first heavy bombers. Sikorsky also created a helicopter and a quadroplane.
5. Color photography was improved thanks to Sergei Prokudin-Gorsky. Although color photographs appeared already at the end of the 19th century, such photographs were distinguished by their shift to one or another part of the spectrum. A photographer from Russia strove for the most natural color reproduction.
6. Theremin- This musical instrument, which makes sounds similar to sounds from space. In 1919, Lev Theremin noticed that if you change the position of the body near the antennas of the oscillatory circuits, the volume and tone of the sound in the control speaker will change. Theremin demonstrated V.I. theremin. Lenin, and then showed it in the USA.
7. Tetris is the invention of Alexey Pajitnov, a researcher at the Computing Center of the USSR Academy of Sciences. Tetris was the first computer game from behind the Iron Curtain. At first glance, it seems very simple, but in fact it gives the brain a very good workout.

Patenting is a rather complex process, so it is better to trust the professionals of our company “Tsarskaya Privilege”.

Every person who creates something unique has the right to obtain a patent for his creation. This could be an invention, utility model, industrial design. To obtain a patent, you must submit an application to Rospatent with the desire to register rights and prove that nothing similar has been created by anyone before.

What are patent rights

Patent law is the copyright of any invention, useful thing or industrial design. Information about previously existing or newly invented objects is available to everyone. It can be viewed online on the official website of the Federal Institute of Industrial Property at: www.fips.ru.

Patent validity periods

For each type of copyright, the patent validity period is different and is:

• for useful things - ten years;
• for industrial designs fifteen;
• for inventions twenty.

Issuance of patents in the territory Russian Federation is handled by Rospatent, which is state enterprise and executive authority, it specializes in intellectual property issues.

Patent registration fee

A person wishing to obtain a patent for the result of his intellectual activity must first contact Rospatent with an application, which is accompanied by a receipt indicating payment of the patent fee.
The patent fee is paid upon registration of a patent, and then annually to maintain the acquired patent rights. The rates for residents and non-residents of the Russian Federation are different; the latter are assigned significantly higher duties. Since registration of a patent right involves making a profit by its owner, with each subsequent year of patent renewal, the cost of the fee increases.
Since 2011, the following duty rates have been in effect:

Amounts of annual fees for maintaining a patent for an invention, utility model, industrial model
per year, counting from the date of filing applications	Invention, industrial design		per year, counting from the date of filing applications	Utility model
	For residents	For non-residents		For residents	For non-residents
for the 3rd	600	2700	for the 1st	300	1350
for the 4th	600	2700	for 2nd	300	1350
for the 5th	900	4050	for the 3rd	600	2700
for the 6th	900	4050	for the 4th	600	2700
for the 7th	1200	5400	for the 5th	900	4050
for the 8th	1200	5400	for the 6th	900	4050
for the 9th	1800	8100	for the 7th	1200	5400
for the 10th	1800	8100	for the 8th	1200	5400
for the 11th	2700	12150	for the 9th	1800	8100
for the 12th	2700	12150	for the 10th	1800	8100
for the 13th	3600	16200	for the 11th and subsequent	2700	12150
for the 14th	3600	16200
for the 15th	4500	20250
for the 16th	4500	20250
for the 17th	4500	20250
for the 18th	4500	20250
for the 19th	6000	27000
for the 20th	6000	27000
for the 21st and subsequent	8000	36000

The amounts of fees are approved by order of the director of the Federal State Institution FIPS on the basis of Decree of the Government of the Russian Federation dated December 10, 2008 No. 941.
The fee can be reduced from 50 to 20% of the initial rate. Also, certain categories of citizens can receive a complete exemption from paying it. For example, persons who are combat veterans, the sole authors of the invention, a student government agency, disabled people, etc.
Also, the state duty is not paid by the applicant, who, together with the application for patent rights, submits an application with an obligation to alienate the patent right to other persons, who are subsequently assigned the obligation to pay the state duty. If within 2 years from the date of registration of the patent there are no people willing to enter into an agreement for its use, then the applicant is obliged to pay the state fee in full.
The applicant also has the right to withdraw the application for registration of a patent by paying a state fee for this action in the amount of 300 rubles (or 1350 if he is a non-resident of the Russian Federation).

Patent attorneys

Registering a patent can be done with the help of an attorney who specializes in this field. In this case, the attorney involved in the registration of patent rights must undergo certification at the State Patent Office.
Only a citizen who has undergone special training and received practical experience in resolving issues related to patents and everything related to them. At the same time, he must have higher education and have permanent registration in the Russian Federation.
A patent attorney must be certified to represent interests in patent registration for each type of patenting separately. A commission for certification of those interested is created at least 2 times a year.
It is useful for readers of MirSovetov to know that residents of the Russian Federation have the right to register patent rights independently or through an attorney if they wish, but non-residents and residents permanently residing outside the territory of the Russian Federation can apply to Rospatent only through an attorney. You can find out the list of attorneys directly from Rospatent in your city.
For interaction, a power of attorney is made for the attorney, which does not require. The cost of an attorney's services in each case is calculated individually and starts from approximately 5,000 rubles.

Procedure for patenting inventions

An application can be submitted for one or several inventions at once, which together constitute one large inventive concept. The application must be written in Russian.
The application must contain:

1. The application itself, which contains contact and personal information of the inventor, as well as the person for whom this patent is sought.
2. Mandatory description of the invention. This description must be composed in such a way that its subject cannot be confused with any other very similar one. In other words, all the little things matter distinctive features.
3. There must be a claim. It must contain all the main features and distinctive features. As a rule, it consists of several points, each of which is divided into sub-points.
4. The drawings must be made with a decoding of all the numbers that indicate the parts of the patented device. Numeric, index or letter designation all details of the drawing or diagram. Drawings may be replaced by diagrams, drawings or any other graphic materials. It is worth noting that the drawings should be made accessible not only to selected specialists, but also to those who have a standard level of training.
5. There must be an abstract. In this case it means short description, all the features, as well as the scope of the invention.

A patent can be obtained if:

• no such invention existed before;
• the invention has a certain level;
• the invention can be really useful in application.

Patenting inventions includes two examinations:

• formal;
• substantive examination.

During the formal examination, attention is paid to compliance with the requirements that are presented to the application. It can be completed within two months. Next, the application moves to the 2nd stage of examination – substantive examination.
During the substantive examination, a state audit is carried out. It includes a patent information search, which is necessary in order to determine the patentability of a technical solution. The legislation does not limit the duration of this examination in any way, and, as a rule, it can last up to eighteen months.
If the invention actually meets all the necessary criteria, a positive decision is made to grant a patent. This means that the final part of the process of patenting an invention has begun. At this stage, the invention is assigned registration number, and then the patent itself is prepared and issued. This usually takes about six months.

Procedure for patenting a utility model

An application can be filed to patent one utility model or a whole group of such models, which together form one concept.
An application for patenting a utility model must contain:

1. The application must contain descriptions of the utility model. It should reflect information about it as completely as possible.
2. The application must contain a formula for a utility model, which is based on its description. This formula must express the entire essence of the patented object.
3. Drawings are required if without them it is not possible to fully convey the essence of the utility model.
4. An abstract revealing the essence of the model.

The application is considered submitted after the complete package of documents has been submitted.
Conditions under which a utility model can be patented:

• the model is really new;
• the model may become in demand in industry or other areas of human activity;
• no other useful models have the same set of essential features as it does.

It is worth noting that a utility model is a technical solution just like an invention. However this decision can only be attributed to a specific device. When deciding whether to grant a patent, its usefulness and degree of novelty are first considered, but practically no attention is paid to the inventive level.
In this case, the examination is not divided into stages, since everything comes down to the most ordinary verification of data from the application to the requirements. Such an examination can last up to two months. The same period will be required for the subsequent registration and grant of a patent.

Procedure for patenting industrial designs

An application can be filed for patenting one industrial design or a whole group of industrial designs, which together form one idea.
The application must include:

1. The application itself, which contains contact and personal information regarding the person in whose name the patent is sought, as well as the author of this invention.
2. A certain number of images from which you can get an idea of ​​the industrial design in question.
3. A drawing should be attached, from which one could judge the appearance of the product, its ergonomic design, and the configuration card, since data on all this may be needed to reveal the essence of the industrial design in question.
4. Detailed description.
5. All main features of the industrial design must be listed.

An industrial design will be recognized as patentable if:

• it is original and completely new;
• the totality of all its essential features has never been seen anywhere before.

In this case, the patenting process includes a formal examination, which can last up to two months, as well as an examination of the industrial design itself, which will be carried out within eighteen months. An industrial design differs from a utility model and an invention in that it is an artistic and design solution for a product.
In other words, this is nothing more than the appearance of the product. That is why during the consideration of a patent case, the emphasis is on the originality and novelty of the presented industrial design. Compliance with these criteria is determined during the examination. The subsequent procedure for registering and issuing a patent can take up to four months.

Final provisions

Let us remind you that each of the above applications is accompanied by a document confirming payment of the state duty or exemption from it. Payment is made to the federal budget. The document confirming payment is payment order with the corresponding note from the bank regarding payment.
The decision to issue a patent is the basis for entering an industrial design, utility model or invention into the required state register: for an invention - this is the State Register of Inventions of the Russian Federation, for a utility model - this is the State Register of Utility Models of the Russian Federation, and for industrial models - this is the State Register of Industrial Designs of the Russian Federation .
All information about the grant of patents must be published in the official gazette. It must include information about the author, the name or name of the person who received the patent, the formula, as well as the name of the patented object. An image or a list of the main features may also be attached.

Patent protection

Obtaining a patent implies exclusive rights to use the patented object. It is prohibited to use a patent without the consent of its copyright holder. Its owner can hold violators accountable and demand compensation material damage or compensation.
To protect patent rights, the violation must be documented, which means a patent examination will have to be carried out. This examination is based on a patent analysis of the situation in which a conflict of interests occurred, an analysis of all available facts and information. At the end of the examination, a conclusion is drawn as to whether a patent violation has been committed. In some cases, patent and technical examination is carried out.
Readers of MirSovetov should know that if a violation is truly established, then the issue can be resolved pre-trial. This is done by writing a letter of claim to the infringer, which contains a demand to stop using the patent. Also in this letter you can invite the violator to enter into a certain agreement, which may be beneficial to both parties. But all this is not a mandatory procedure.
Anyone who has received a letter of claim for infringement of someone's patent rights can conduct their own patent examination. This procedure should be carried out primarily for the reason that the claims described in the letter may well be unfounded, which means that no violation has been committed.
If violations do occur, it is recommended to immediately stop using the patent or negotiate with its owner. This letter should not be ignored, since it means that the person whose rights have been violated is ready to go to court, in which he will most likely win and achieve compensation for all losses incurred,

An invention is the most complex object of intellectual property. It is logical that patenting inventions is a very difficult, lengthy and expensive process.

On the other hand, the inventor has a real chance of becoming famous, increasing the value of his company, or selling his idea for big money (you can if you wish). To do this, you must be the first to declare your invention. How to obtain a patent for an invention? Where to go for this? What is the procedure for registering this intellectual property? How much does it cost? Let's try to answer these questions.

Step-by-step procedure for obtaining a patent

To apply for a patent for an invention, you must go through the following steps:

1. Preparation of documents.
2. Appeal to the executive body that issues patents for inventions - Rospatent.
3. Examination of the application. Includes a formal stage, during which the submitted documents are examined, and an examination of the intellectual property on its merits.
4. Issuance of a patent and registration of an invention in the Rospatent Bulletin.

This instruction is very general, since each of its points requires additional actions by the applicant, since registration of an invention does not always go smoothly. The procedure for obtaining a patent can be complicated by problems with examination, deficiencies in documentation, and the need to pay additional fees.

Before filing a patent for an invention, it is advisable to conduct a search among already patented objects to check whether a similar product has been invented before.

This search is carried out by specialized companies. It can be done independently, but specialists have access to databases on objects for which an application has already been submitted, but there is no final decision yet.

If a similar application is already being processed by Rospatent, you should wait for the result of its consideration, since the money for patenting will not be returned. In addition, the author of the invention is the one who submitted the application earlier.

In addition, one should not think that the validity period of a patent for an invention is infinite, since a patent is issued for a certain period, for which one must pay annually.

Obtaining a patent for a new invention is possible only if it meets the conditions of patentability put forward by the legislator in Art. 1350 Civil Code of the Russian Federation:

• novelty;
• the presence of an inventive step;
• possibilities of industrial application.

Experts carefully check the listed points; the author must prove their presence in the submitted documents. Thus, filing a patent for a new invention begins with making the necessary drawings, writing formulas and describing your technical solution.

1. First, the object must be properly described. The description should contain the following components:

• subject index selected from the International Patent Classification;
• title of the invention;
• the field of technology in which the object can be used;
• State of the art – known analogues of the product and the problem solved with the help of the invention are described;
• disclosure of the essence of the object - describes how it was possible to solve the problem using the invention, the technical result of using the object;
• description of drawings (if they are necessary for the object);
• implementation of the invention - describes how to use the object to achieve the desired result;
• list of sequences (for chemical formulas);
• information on preclinical studies conducted (for drugs).

1. Next you need to draw up a claim. Its points must be presented as concisely and clearly as possible, without forgetting anything. A formula is required to determine the scope of legal protection provided to an intellectual property object. If the author for some reason forgot important point formulas, after submitting documents to Rospatent, he has the right to file a petition to clarify the formula, but in this case, making changes will be paid.
2. Drawings are being made. If they are not appropriate, drawings, diagrams, illustrations, photographs or tables should be prepared instead. Drawings cannot contradict the description of the object. They are performed according to general rules, set for graphic images– the same height of letters, uniform numbering, thickness of lines depending on their significance, preservation of proportions, etc.
3. An abstract is drawn up - a description of the object in an abbreviated form. Its recommended length is up to 1,000 characters.

Application to Rospatent

How to obtain a patent for an invention? An application for an invention in Russia is submitted in the following ways:

• by personal application (Rospatent is located in Moscow);
• through the expedition of Rospatent;
• by fax (in this case, documents and their originals must be submitted to executive agency within a month);
• through the government services portal;
• through online page Rospatent (documents are signed with an electronic signature).

The application must include (Article 1374 of the Civil Code of the Russian Federation):

• statement;
• object description;
• formula;
• blueprints;
• abstract.

The application is drawn up in Russian, with a translation attached if necessary. Also at this stage you can write a petition for an examination, but you can do this later. The cost of registering an application and checking documents for completeness depends on the complexity of the invention formula. The state duty is 3,300 rubles + 700 rubles for each point of the formula exceeding the 10th.

First, a formal examination is done to check whether the applicant has submitted all the documents. If everything is in order, Rospatent makes a positive decision and publishes information about the application in a special bulletin. The period within which this material is posted is 18 months from the date the author submits the application. The inventor may apply for the publication of information about his object ahead of schedule. In this case, you will have to pay 800 rubles for publication. From the moment the application is published, the invention is granted legal protection (Article 1392 of the Civil Code of the Russian Federation).

During the examination, the specialist evaluates not only the object from the point of view of its scientific validity, but also conducts an information search on applications.

• conducting an information search and providing a report on it – 9,500 rubles + 6,200 rubles for each point of the formula, more than 1;
• substantive examination, carried out within 7 months from the date of filing the application, in the presence of a report on the information search - 12,500 rubles + 9,200 rubles for claims, more than 1;
• substantive examination carried out throughout the year - 4,700 rubles + 2,800 rubles for each claim, more than one + 5,400 rubles for each claim exceeding the 5th;
• extension of the deadline for responding to an expert’s request on issues arising during the study – 800 rubles for each month;
• restoration of the deadline for accepting documents - 2,100 rubles.

Examination is the longest stage of patenting. The final decision is usually made within one to two years from the date of filing the initial application.

Issuance of a patent and registration of an invention

After a positive decision is made regarding the grant of a patent, the invention is subject to registration, and information about it is published in the Rospatent bulletin.

The cost of registering an invention and publishing data about it is 3,000 rubles.

How to register a patent in a special registry? Registration of a patent for an invention government bodies carried out independently, entering the necessary information into the State Register of Inventions of the Russian Federation.

To obtain a patent in hand, you must pay 1,500 rubles.

Legal status of the patent holder

The patent holder has a patent for his invention. This means that he can:

• freely import the invention into the country;
• introduce the invention into civil circulation:
• sell the patent;
• store the object in which the invention is used;
• manufacture objects using a patented method;
• mortgage the property or rent it out;
• protect your copyrights in case of infringement by other persons.

To make a profit from your invention, it is recommended to evaluate it. The valuation of a patent is carried out by specialists in this field; the cost of such a service starts from 30,000 rubles.

Invention is highly valued; a patent can be sold under a contract or the right to use an invention can be granted under a license.

Alienation of a patent is carried out through Rospatent. It is allowed to sell it at the stage of receiving this document. The buyer in this case must pay all fees for the author.

To grant the right to use a patent under a license, the patent holder can express his desire by submitting an application to Rospatent, and the counterparty will be found through the executive authority. The terms of the license are also submitted to the authority - only in this case the author should hope for a reduction in the annual fee.

Patent duration

The patent, as already mentioned, does not last forever. Its validity period is limited to twenty years (clause 1 of Article 1364 of the Civil Code of the Russian Federation). For each year of use, starting from the third, you must pay a set price, which increases every second year. The cost of the third year of maintaining a patent in force is 1,700 rubles, the twentieth – 16,200 rubles. You need to pay in advance.

If during the validity period of the patent it will be used under license by third parties, the author is allowed to pay half of the established prices per year (Article 1368 of the Civil Code of the Russian Federation).

Extension of the validity period of patents for inventions is permitted only in relation to certain ones. These are medicines, pesticides and agrochemicals, the issuance of permits for which took more than 5 years. The patent is extended in this case for up to 5 years (clause 2 of Article 1364 of the Civil Code of the Russian Federation).

To renew a patent, you must submit an application within six months of receiving the appropriate permission. The application is submitted in the form approved in Appendix 1 of Order of the Ministry of Economic Development No. 810. The cost of extending the period is 3,000 rubles.

A patent may also be terminated early. This happens in the following cases:

• if the author filed an application for early termination of the patent;
• the patent fee was not paid on time.

If we are talking about early termination at the will of the patent holder himself, the validity period of the document expires on the day the corresponding application is submitted. If an application is filed in relation to part of the patented objects, a new patent is issued for the remaining objects.

In case of non-payment of duty in fixed time, although the patent is terminated, it is subject to restoration. In this case, the author must submit a corresponding petition within three years from the date of expiration of the payment deadline. If Rospatent satisfies the inventor’s request, information about the restoration of the patent is published in the official bulletin.

Summary
In order to patent an idea, it is necessary to present it as a technical solution. To do this, the idea should be developed and refined in some practical, applied direction to obtain a socially useful technical result. The technical solution can be patented as invention, utility model, industrial design .

An idea was born! What to do?

Is it possible to patent?

In essence, this title of the article should be preceded by the question: “Is it possible to patent an idea?” There is no definite answer to this question - on the one hand it is possible, on the other it is impossible. As they say - “The devil is in the details.” In our case, in specifics it is not the “devil”, but a skill or even an art patenting.

To patent an idea means to make it protected by the state. This means that no one will be able to use it without your permission. According to patent law, only technical solutions can be patented. From here the conclusion is that the idea must be presented in the form of a technical solution or made into a technical solution, brought to a technical solution. A technical solution is a solution to a problem technical means(means of labor) as a result of which a certain technical result (technical effect, phenomenon, property) is realized.

Therefore, the idea as such cannot be patented. An idea is a new thought, even a constructive one, but only a technical solution can be patented. But if the thought relates to technology, to technical areas activity or may have a technical application, then it can be brought to some kind of real material expression, embodiment. In other words, it is necessary to express the idea in some objective material form, which is the product of one or another technical redistribution (processing).
The Man thought that it was necessary not to drag, but to roll - he came up with the idea and made a wheel. I thought that I shouldn’t roll it myself - I made a harness and harnessed the horse. I wanted to go faster and put an engine on the cart. I wanted to take off and attached wings to the car.

And now from an idea you can make technical solution using inventive techniques and technologies, in particular using TRIZ (the theory of inventive problem solving). A patent can be made using patent techniques and technologies. Using both, you can turn an idea into very good patented technical solutions. True, these decisions, as a rule, will be of a fundamental, generalized nature. Then they need to be modified specific use, bring them to implementation, production and sale.

Difficulties along the way

Another truth is that turning an idea into a technical solution and patenting it is still not so easy. If the author himself could not do this, then there are difficulties. These difficulties are known.

First difficulty(difficulty) is to transform or bring an idea to a technical solution. At a minimum, this should be a fundamental technical development, consisting of at least several technical elements. In general, the author himself can do this if he is not too lazy. Moreover, the combination of these technical elements must be unique in relation to the result or effect obtained. In other words, the development must be original. And this is already more difficult. You must first do a scientific, technical and/or patent search, or better yet, conduct patent research. This is very painstaking and even tedious work. In addition, you need to have certain skills. Of course, the author himself can do this work, but it will take a lot of time. It is better to turn to specialists, but it is not cheap.

Second difficulty This is patenting itself. To get a patent , the developed solution must meet a number of requirements or criteria - it must be a technical solution, it must be new and industrially applicable. In turn, each of these criteria is also regulated and must meet certain requirements. If you patent an invention, then it must still meet the criterion of inventive step. The main task of patenting is to bring a technical solution into compliance with the criteria and requirements set out in the relevant Administrative Regulations of Rospatent. In general, this is not easy if you have no experience in patenting. As practice shows, some useful patenting skills appear after 3-4 patents. After this, you can try to apply for a patent yourself. We don’t recommend it before this - there is a lot of casuistry in patenting. Patenting difficulties are resolved by specialists - patent experts and patent attorneys. Issues with novelty and inventive step can be positively resolved by changing the scientific and technical level of development, generalization, detailing, combining, changing and combining the technical result and many other techniques. There are even special patent technologies for solving such issues. In addition, many patent experts use their own techniques.

How to do

However, there are specialists who simultaneously resolve all difficulties– both inventive and patenting. Them you just need to present the idea, and the patent will be made. True, this is not possible in all cases, but in most (taking into account the feasibility of patenting). In this case, the necessary patent and inventive technologies will be used. And, of course, this will only be a patent, and not yet implementation in production. But this patent will contain the basis for future implementation based on your idea.

On initial stages development idea is, as a rule, a fundamental technical solution or solution in general view. In some cases this is even better. Such a solution, or rather a patent, has broader legal protection or, in other words, a larger scope of rights, i.e. leaves to the inventor a wide area of ​​technical development and creativity, without the encroachment of competitors. Having such legal protection as a patent with an increased scope of exclusive rights, you can safely develop your creativity and business further without fear of competitors.

As the idea develops, it becomes more detailed. Accordingly, the scope of rights is reduced. This is not always desirable. To avoid this, it is necessary to finalize all logical parallel technical solutions as options or partial solutions.

Depending on the focus, purpose of the idea and its scope of application, a technical solution developed on its basis can be patented as an invention, utility model and industrial design. It is also possible various options combinations between them. Combination various types Patenting enhances protection. In some cases, as additional elements To protect ideas, various options for protection under copyright law are used. Ideas in the field of science, literature, art, patenting, as a rule, do not have technical content. To protect them you should usecopyright rules .

Worldwide creative ideas make people rich. A person has an idea, he records it, and those who enjoy the fruits of his idea pay money. Russia is no exception. It’s just that not everyone knows how to properly protect their copyrights. In this article we will look in detail at the main ways to patent an idea in Russia, and in what cases it is impossible to do this.

What idea can be patented in Russia: invention, utility model and industrial design

Is it possible to patent an idea in its pure form? The correct answer is clear - you can’t. That's why this question requires attention and detailed explanation.

In Russia, the concept of “idea” does not exist in patent law. The idea itself is not protected by law and is not subject to copyright. But inventions are created based on ideas. And they can be patented. Let's look at the main objects of copyright in Russia:

Invention.

Utility model.

Industrial model.

Invention. From a legal perspective, it fits perfectly into the concept of “ideas.” An invention can be either a “technical solution” or a “method of performing an action.” That is, if you have an idea on how to more effectively cultivate agricultural crops, this is subject to copyright and falls under the category of “invention.”

Utility model. This is a solution, a principle of design and operation. It can relate to any areas and spheres of human activity. For example, the existing design of the car does not suit you. You propose a device idea that does not change the appearance of the model, but introduces a number of useful constructive solutions, which have not previously been used. This is the main difference between a utility model and an industrial design.

Industrial model. Represents design solutions that determine external device products. These can be both ergonomic solutions that affect the quality of use of the product, and aesthetic ones that determine its appearance.

How to patent an invention, industrial design and utility model

The first step on the path from idea to copyright product is a description of the invention. The law requires the inventor to describe all the elements that enable the product to qualify as an “invention.” According to the law, the inventor must list all the quality characteristics that appear during the operation of the product.

When it comes to invented devices, the following points are described:

List of structural units.

Description of the relationship between structural elements.

The arrangement of structural units in relation to each other.

Shape, geometric features and characteristics.

Materials used in production.

Scope of application.

If your invention is a method, it is subject to the following performance requirements:

List of running processes.

The principle of interaction of processes (parallel, sequential, sequential, combined, etc.).

Conditions (principle of using raw materials, order of adding catalysts).

When you patent a method, you must describe in detail the entire technological process, highlighting innovative aspects, justifying the importance of their use.

How to obtain a patent for an idea if it is an invention: step-by-step instructions

Article 4 of the Russian Civil Code states that Rospatent is responsible for issuing patents. Therefore, the first step towards a patented idea is this office.

Step 1: Contact Rospatent. You can contact us either personally or through a representative. It is even possible to submit an application electronically or in the form of a traditional letter.

Step 2. Payment for examinations. Their prices, as well as quantities, are strictly regulated. You will have to undergo the following examinations and procedures:

Formal examination (RUB 1,650).

Basic examination (2400 rub.).

Patent registration (RUB 3,250).

Step 3. We are waiting for the result. Typically it takes 2 months for the formal examination and 12 months for the main examination. In case of shortcomings and errors, the application is subject to revision. The applicant has 2 months to correct the shortcomings.

Obtaining a patent for an industrial design

The principle of how to patent an idea in the format of an industrial design is described in the regulations in the intellectual property service. It takes a series of complex steps that begin with an application and a fee. The application consists of the following elements:

Patent application. It indicates the authorship of the invention, place of residence, actual place of residence and data of the person applying for the patent.

Description of the invention. It should be as complete as possible, answer all questions and comply with the requirements of the FS Regulations on intellectual property.

Claim. Based on data published in the description section.

Drawings (if necessary).

After completing the application, the following steps follow:

Conducting a formal examination.

Substantive examination (if formal examination has been completed).

Decision on granting a patent certificate.

State registration of a new invention.

Issuance of a patent and publication of information about the fact of issue.

How much does it cost to obtain a patent for an industrial design?

Obtaining a patent is not free and requires certain financial investments, both at the stage of obtaining and after it. There are 2 main areas of spending:

For official duties.

For examination.

In the first case, everything is simple. The amounts of official fees are standardized and published in the annex to the FS Regulations on Intellectual Property. Their list and size are fixed. If the patent is registered, then after 3 years you will have to pay annual payments. They are needed to maintain the patent in force.

Important: examinations are carried out by patent attorneys. Like any service providers, they offer their services at a customized cost. In some cities the cost of working for attorneys is higher, in others it is lower. The ideal way to estimate future expenses is to resolve the issue with an attorney in advance.

If you have any difficulties or questions about patent law, please ask.

Patenting a utility model

A utility model patent is the easiest to file, but also requires annual renewal. All you need to do is submit your idea to Rospatent and wait for the result. The application must be accompanied by the following documents:

Statement of the need to carry out expert assessment proposed utility model.

Description of the idea: its characteristics and features.

Abstract.

If necessary - drawings/formulas.

Is it possible to patent ideas abroad?

If your invention has already received patents in Russia, you can go further and patent the product abroad. The practice of obtaining a patent abroad is a little more complicated. The first step is to contact the patent office of the country where you wish to patent the invention. This cannot be done directly. The application is submitted through patent attorneys at the regional or federal level. If among local patent specialists there are specialists with experience in foreign patenting, you can also turn to them for help.

Important: Russian legislation regulates the procedure for obtaining patents abroad. The law prohibits sending an application abroad during the first six months after filing a similar application in Russia.

Those. if you want to get a patent for your idea abroad, you should file it first in Russia, and if it is not recognized as an invention requiring patenting, go abroad.

What ideas cannot be patented?

The invention is based on effective achievement certain decisions with the help of technology. Therefore, not all products of human creativity are patentable inventions. In Russia the following cannot be considered eligible for patenting:

Theories, mathematical operations.

Principles of structure and management of the economy.

Rules, guidelines, principles of marking and designation.

Principles of constructing mental operations.

Computer programs.

Construction drawings, building designs.

Solutions that only apply to appearance products.

Animal breeds.

Decisions that may harm the principles of humanism and reject human morality.

Ideas that do not have a form and mechanism for implementation will also not pass patent examination. The Civil Code evaluates inventions as works that have a specific form. That is, if your idea is just a sketch, without comprehensive data, it will not pass the patent office.

Moreover, most ideas are not even assessed as objects of intellectual property rights. Eg:

A literary work (detective) has a finished look and form. It can be reproduced exactly, be unique and be protected by intellectual property rights. But the idea to write literary work, its skeleton, character characteristics are not objects of intellectual property rights. Computer program may be protected by intellectual property rights. But individual elements of the code with which it is written are not the object of law.

Still have questions? Ask them the BPU of the Legal Services Exchange!