Where and how in Russia to obtain a patent for an invention?
How to get a patent for an invention in Russia? This question is not so simple. After registration of rights to this or that invention will require special knowledge from the citizen. This process can not be called ordinary. It is necessary to take into account a lot of features, which are prepared for obtaining a patent. Why prepare for the inventor? What should the citizen undertake to become the official creator of this or that subject in Russia?
A patent is ...
Before making a patent forinvention in the Russian Federation, it is necessary to understand what kind of document in general it is. Not everyone knows what it means to patent rights to an item. In the same way, as it is not entirely clear what a patent is. It is possible that the process of registering the rights to the invention is not burdened, there are not enough inventors in the country!
Patent - a document that confirms the right tothe development of this or that subject after man. He certifies the exclusive rights of a citizen to this or that invented thing. Issued by the state for a while.
True, it is possible to obtain a patent only if,when it comes to new developments. Those that no one has ever talked about before. Only in this situation can you think about how to obtain a patent for an invention in Russia.
The next moment, which interests the population, isthis is the validity period of the document. Like any of them, in the case of inventions and obtaining a patent, too, there are limitations. The thing is that at the moment in Russia the document being studied is valid for 20 years. No more, no less. It is this time that only the right of a citizen to an invention or technology will be protected. In Russia, the other is not given.
Can I get a patent for a different period? No. Therefore, it is necessary to take into account the duration of protection of the citizen's rights to this or that invention. In fact, the process of obtaining the document under study is not so simple. We have to take into account several factors that will make it possible to implement the idea.
Requirements for the invention
The fact is that not everything can be purchasedexclusive right. What conditions and requirements will have to be met? Obtaining a patent for an invention in Russia is possible if the registered object has the following properties:
- Novelty. It has already been repeatedly emphasized that the exclusive right to an invention can be obtained only when the object was previously unknown to anyone.
- Inventive level.What does it mean? It is impossible that the invention is an obvious (or unobvious) consequence of logical chains that are known to the current technologies. That is, the patent is issued for creative subjects.
- Possibility of application in industry.
These conditions are governed by the Civil Code of the Russian Federation. They are spelled out in Article 1350. If the conditions are not met, registration and protection of rights to this intellectual property will be refused.
Who has the right
How to make a patent for an invention in Russia? It is not so easy to do this. But before you prepare documents, and also draw up them, you need to know who has the right to appeal to the appropriate authorities for the paper. In Russia, due to ignorance of this point, there are often various disputes.
It's all about the fact that legislation is fixedthe right to register a patent for any Russian citizen. But only if the conditions listed above are met. Therefore, many people wonder whether it is possible to obtain a patent for an invention in 15 years and earlier. After all, minor children are also citizens of the country.
You can simply answer yes. Only in this case it will be necessary to act on behalf of the legal representative. Parents (one of them) will have to represent the interests of their minor child. Therefore, a patent for an invention is entitled to receive everything. The main thing is that a trusted person (legal representative) should apply or directly the inventor. The second option is possible after reaching adulthood.
But there are exceptions too. In Russia there is such a thing as emancipation. This is the onset of legal capacity for one reason or another earlier than 18 years - at 16. If a citizen has received emancipation, then he must independently file documents for a patent already at this age.
Where to go
The next question is where to get a patent forinvention in Russia. This topic is also important. After all, any document is made out somewhere. Recently, multifunctional centers and the "State services" portal have become popular. So where to go?
This issue is handled by a special organization- Rospatent. This is where you need to contact if a person wants to register the rights to an invention. You can use the portal "State Service" to submit a request electronically. But one statement will not be enough. Before submitting an appropriate request, you need to prepare. How exactly? What is required to obtain the document studied today?
How to get a patent for an invention? The instruction for action does not look too big. And it is difficult to imagine that in fact the listed items will bring a lot of trouble to the citizen. If you want to register the rights to an invention, you must:
- Create a subject for registration (invent something).
- Collect a package of documents to implement the idea.
- Apply to Rospatent.
- Pay the state fee.
- To pass examination in Rospatent with the invention.
- Get the finished document.
It does not sound so scary. But these processes will bring a lot of hassle. You should pay attention to each item in the list. If you study them thoroughly, you can, with minimal losses, understand how to obtain a patent for an invention in Russia and abroad.
Start the process
But now it should be as detailed as possibleconsider the issue under study. The thing is that after a citizen devises something, it will not only be necessary to apply to Rospatent with the relevant application. A person must conduct a patent search. This will help to make sure that the invention was not registered by anyone before. Otherwise, the citizen will simply be refused registration of exclusive rights to this or that subject.
Once the test is over, you can go toRospatent and apply for registration. There are certain rules that need to be followed when drafting the document. Which ones? They are spelled out in Article 1376 of the Civil Code of the Russian Federation.
At the moment, you can apply in Russiato obtain a patent for an invention in accordance with established rules. Which documents do you need to bring to Rospatent? How to get a patent for an invention in Russia? In order to realize the idea, a citizen must submit the following package of papers:
- Statement. It indicates the invention, as well as information about the applicant and his representative (if any). Do not forget about specifying the addresses of the persons involved in the case.
- Description of developments with drawings.It is this moment that can play a cruel joke with the inventor. An incorrect description entails the inability to register the rights to an invention.
- abstract. This is a brief description of the received subject with the characteristics of his work. The essence of the invention is described.
- Petition for a special examination.
- Identity card of a citizen.If the person acts by proxy, this document will be required as well.
- Documents confirming payment of state fee.
An application with all documents can be submitted toRospatent both personally and by mail. At the moment, Russia is actively practicing electronic filing of applications to these or other bodies. It is enough to send an application with all copies of documents (scans) to Rospatent's e-mail.
How to get a patent for an invention in Russia? A brief description of all the necessary steps, as well as the documents that are required of the citizen, are already known. The issue of a patent is accompanied by the payment of a state fee. This is a mandatory payment that is made during all legally significant transactions. How much do you have to pay in Russia for the implementation of this task?
Here the role is played by the type of patent, as well as the numberformulas in the description of developments. The exact amount will help you calculate special calculators for the cost of the document. They can be found on the website of Rospatent. But in general, you can focus on the established in Russia state duty:
- Registration and issue of a document in the RussianThe Federation will cost 1650 rubles. And additionally for each formula you have to pay 250 rubles each. The countdown begins when there are more than 25 formulas in the description.
- The international patent application will cost a similar amount. In addition, 250 rubles each will have to be paid for each part of the application, which has not been verified by international expert bodies.
If a citizen applied, but then wanted toto make changes in the description or abstract of the invention, also have to pay a state fee. For each item of the formula you must pay 650 rubles. This is if the examination has not yet begun. If it takes place, the changes will cost 2,350 rubles per point.
The next important step is an examination. It is produced in several stages. It is possible to single out the examination formal (initial) and essentially. In the first case, the collected package of documents is checked, as well as the correctness of filling in the abstract, drawings and technical description with formulas. Usually this process takes several months. The results of the check should wait at least 60 days. This is the average duration of a formal examination. As soon as the stage ends, the citizen receives a corresponding notification. If mistakes were made during the collection of documents, they are indicated. It will be necessary to eliminate inconsistencies, then again submit papers for verification. The countdown will resume.
The second case is a substantive check. At this stage, the correctness of the provided package of documents has already been confirmed. A substantive check is a certification that the invention may in fact be patented. It begins at the request of the applicant or developer. This document is provided at any time after applying to Rospatent, but no later than 36 months. Accordingly, during the substantive examination, a citizen will receive an opinion on the possibility of registering the rights to an invention. This process takes about 7 months. Upon its completion, Rospatent sends a notification on the possibility / impossibility of registration. How to get a patent for an invention in Russia? There are only a few simple steps left.
Obtaining a patent
Or rather, only one. This is the receipt of a document confirming the rights of a citizen to a particular subject, which he created independently. You can do this only after the examination. From the citizen nothing is required - in Rospatent employees will carry out check.
It remains to wait until the correspondingthe certificate will be ready. It is issued upon presentation of an identity card to a citizen (or trustee) no later than 4 months after receiving the permission to register a patent right. Of course, if there is a paid state fee.
That's all. Now it is clear how to obtain a patent for an invention itself. This process is very laborious. But every citizen of the Russian Federation has a chance to feel like an inventor. The main thing is to properly prepare. And do not expect that the registration of patent rights for an invention will happen quickly.
How to get a patent for an invention in Russia? This process is already understandable. It seems to be nothing difficult, if properly prepared and learn how to make the formula of invention. It has already been said that this process requires the citizen not only efforts, but also patience. After all, obtaining a patent takes a lot of time.
How many? On average, a person spends approximately 18-20 months on registering an exclusive right in Russia. This is taking into account the receipt of the relevant certificate upon completion of all inspections and payment of state duty. But sometimes this period increases, occasionally - is shortened for several months.
Deciding on the registration of a patent in Russia, shouldprepare for the fact that it will take a long time to communicate with Rospatent. So, count on the rapid implementation of the idea in life is clearly not worth it. After all, if during the verification of documents, for example, it turns out that there is not enough paper or the technical description is not correct, it will be necessary to start everything from the very beginning.
Where can I get a patent for an invention? In the Rospatent. This organization is engaged in the preparation of relevant documents. Not always inventors are ready to puzzle themselves with paperwork. Therefore, this responsibility is often trusted by a variety of private companies. In a patent organization, of which there are not so few, it is possible to obtain a patent for an invention without a particular problem for a certain fee.
The average cost of such services isarea of 25-35 thousand rubles. This is subject to all audits and document collection. To wait it is necessary as much, how much and at independent reference in Rospatent. The difference is only in the absence of additional waste of time for all the forthcoming paper red tape.
Appeal to patent companies is a popular andan effective way of obtaining a patent. But it will require a serious cost to the citizen. Sometimes self-referral to Rospatent is a more appropriate option. Now it is clear how to obtain a patent for an invention (a sample of the document is provided). In fact, everything is not too difficult with proper and timely preparation. It is not necessary to deal with the process independently - you can entrust this case to a patent company or ask someone to act as a trustee.