Patent for Invention
Streamlined procedure for verification and registration of inventions.
- Support in the patent commercialization (contracts, accounting for intangible assets)
- Executing patent research in accordance with GOST R 15.011-96
- Protecting Your Patent Rights in Court
An invention - is a solution to a technical problem related to a material object - a product, or the process of taking actions on a material object using material means.
What can you patent as an invention?
- DeviceThis is the most widespread object of the invention, since a device is understood to mean an almost unlimited number of products surrounding a person, both in production and in everyday life. In accordance with section 1350 of the Civil Code of the Russian Federation a device - can be attributed to the product.1
- MethodThe process of performing actions on material objects using material means. A process is an object characterized by a course in time.
A unique feature of the method patenting - the patent covers the method and the products obtained as a result of its implementation.2 - ProductA substance as an artificially created material formation, which is a combination of interconnected elements.
Strains of microorganisms and other microbiological objects.3
Conditions of the invention's patentability:
- NoveltyAn invention is considered as new if it is not known in the prior art at the time of filing an application for an invention. The prior art includes any information that has become publicly available at the time of the invention priority.
"Author's privilege" - is 6 months period from the date of the invention disclosure (via exhibition, Internet, publication), that is, during this period you can apply without loss of the invention novelty status.1 - Inventive levelNon-obviousness of invention. This is the condition under which the atypicality of the claimed invention is determined and the inability of a specialist in the given knowledge field to obtain the claimed result by combining parts of the claimed invention known from the prior art on the invention's priority date.
In determining the inventive step/obviousness, as a rule the claimed invention should be considered as a whole.2 - Industrial applicabilityAn invention is considered industrially applicable if it can be used in any sector of the economy or social sphere.
The application materials should indicate the purpose of the invention, disclose the implementation of each feature included in the claim, and the combination of these features should provide intended performance. If the application disclosure is not sufficiently exhaustive, the industrial applicability parameter is not achieved.3
Period of registration and continuance in effect of exclusive rights for a invention:
- 3 YEARSMaximum duration of patent registration.1
- 12 MONTHThe period of patent registration when paying increased fees.2
- 20 YEARSTerm of exclusive rights for invention.3
The title documents examples that officially certify the exclusive right to inventions (patents):
Procedure of a patent for invention registration:
1
Materials study
1 day
Patent specialist
Studying Customer's materials, identifying the objects of patenting, calculating the terms and cost of patenting.
Patent specialist
Studying Customer's materials, identifying the objects of patenting, calculating the terms and cost of patenting.
2
Patent searches
5 – 7 days
Patent specialist, Patent attorney
The search is executed across the databases of patents for inventions and filed applications for their receipt. The patent searches result in the selection and analysis of the closest prior art for the claimed patented object.
Patent specialist, Patent attorney
The search is executed across the databases of patents for inventions and filed applications for their receipt. The patent searches result in the selection and analysis of the closest prior art for the claimed patented object.
3
Results analysis, patenting strategy development
1 day
Patent specialist, Patent attorney
Based on the patent searches and on the task set for us by the Customer, an optimal invention patenting strategy is developed, the application materials submitted for registration are adjusted, in particular the formula and abstract.
Patent specialist, Patent attorney
Based on the patent searches and on the task set for us by the Customer, an optimal invention patenting strategy is developed, the application materials submitted for registration are adjusted, in particular the formula and abstract.
4
Execution and filing an application for an invention with ROSPAENT
1 day
Patent attorney
Preparation of all necessary documents, description of the patented object, its formula, materials needed to understand its essence (drawings, diagrams), abstract and so on.
Filing the application using electronic (digital) signature or in the FIIP reception office.
In accordance with Section 1381 of the Civil Code of the Russian Federation the application filing date is the date of receipt of all necessary documents according to the list of FIIP.
Obtaining the application number (it will remain unchanged) - the priority date of the patent for invention is determined by the day the application number is received!
Patent attorney
Preparation of all necessary documents, description of the patented object, its formula, materials needed to understand its essence (drawings, diagrams), abstract and so on.
Filing the application using electronic (digital) signature or in the FIIP reception office.
In accordance with Section 1381 of the Civil Code of the Russian Federation the application filing date is the date of receipt of all necessary documents according to the list of FIIP.
Obtaining the application number (it will remain unchanged) - the priority date of the patent for invention is determined by the day the application number is received!
5
Examination as to form
up to 2 months
FIIP Expert
The compliance of the application documents with the formal requirements is being checked.
Based on the formal examination results, Rospatent makes a decision on accepting the application for consideration and proceeds to the examination as to the substance.
FIIP Expert
The compliance of the application documents with the formal requirements is being checked.
Based on the formal examination results, Rospatent makes a decision on accepting the application for consideration and proceeds to the examination as to the substance.
6
Examination as to substance of the patented object
Up to 16 months
FIIP Expert
Application examination as to the substance of an invention includes a list of actions with the main purpose being to identify the patentability of the claimed object. The examination is executed by FIIP experts.
Application examination as to the substance of an invention includes:
- information search in relation to the claimed invention to identify prior art which is to be considered while checking the invention patentability;
- verification of the claimed invention compliance with the requirements established by paragraph 4 of section 1349 of the Civil Code of the Russian Federation (hereinafter - the Code), and the patentability conditions established by the first sub-paragraph of paragraph 1, paragraphs 5 and 6 of section 1350 of the Code;
- verification of the sufficiency of the claimed invention substance disclosure in the application documents provided for by sub-paragraphs 1 - 4 of paragraph 2 of section 1375 of the Code and submitted on the date of its filing, for the invention examination to be executed by a specialist in this field of technology;
- verification of the claimed invention compliance with the patentability conditions stipulated by the second sub- paragraph of paragraph 1 of section 1350 of the Code.
FIIP Expert
Application examination as to the substance of an invention includes a list of actions with the main purpose being to identify the patentability of the claimed object. The examination is executed by FIIP experts.
Application examination as to the substance of an invention includes:
- information search in relation to the claimed invention to identify prior art which is to be considered while checking the invention patentability;
- verification of the claimed invention compliance with the requirements established by paragraph 4 of section 1349 of the Civil Code of the Russian Federation (hereinafter - the Code), and the patentability conditions established by the first sub-paragraph of paragraph 1, paragraphs 5 and 6 of section 1350 of the Code;
- verification of the sufficiency of the claimed invention substance disclosure in the application documents provided for by sub-paragraphs 1 - 4 of paragraph 2 of section 1375 of the Code and submitted on the date of its filing, for the invention examination to be executed by a specialist in this field of technology;
- verification of the claimed invention compliance with the patentability conditions stipulated by the second sub- paragraph of paragraph 1 of section 1350 of the Code.
7
Granting a patent for an invention to the rightholder
Up to 2 months
ROSPATENT
The title document contains the number of the patent for invention, the name of the object, the date of state registration, the application number, the priority date, the expiration date of the exclusive right for the patented object, the name of the patent holder, the names of the invention's authors.
ROSPATENT
The title document contains the number of the patent for invention, the name of the object, the date of state registration, the application number, the priority date, the expiration date of the exclusive right for the patented object, the name of the patent holder, the names of the invention's authors.
NDA
NON-DISCLOSURE AGREEMENT
We understand how important it is for you to keep your inventions secret. Indicate your contact details in the cost calculator and we will provide you with the NDA.
Cost of registration of the patent for invention:
The standard procedure of the invention patenting:
36 months
36 months
Advice on finalizing the solution
FIIP application preparation
Stamp duties payment
Filing application with FIIP
Record keeping
Obtaining a registration decision
Obtaining the patent in original
The streamlined procedure of the invention patenting:
2 months
2 months
Advice on finalizing the solution
FIIP application preparation
Stamp duties payment
Filing application with FIIP
Streamlined record keeping
Obtaining a registration decision
Obtaining the patent in original in Russia
Amounts of stamp duties for invention patenting:
The amounts of stamp duties are established by the state and are the same for all but certain categories of citizens and legal entities. Check the exact amount of duties from our employee on the day of your call
Stamp Duty for examination as to form
+700 ₽ for each claim over 10
3300 ₽
Stamp Duty for examination as to the substance (standard)
+ 9200₽ for each independent claim over 1
3000 ₽
Stamp Duty for examination as to the substance (streamlined – 7 months)
+ 2800 ₽ for each independent claim over 1, but not more than 5 + 5400 ₽ for each independent claim over 5
12 500 ₽
Stamp Duty for examination as to the substance (streamlined – 12 months)
4700 ₽
Stamp Duties for invention registration and patent granting
4500 ₽
According to paragraph 1 of section 1350 of the Civil Code, an invention that can be protected refers to technical solutions in any field related to a product (in particular, a device, substance, strain of microorganisms, a culture of plant and animal cells) or to a method (process of carrying out actions on material objects using material means), including the use of a product or method for a specific purpose. The term 'product' means an object as a result of human labor.
According to paragraphs 5, 6 of section No. 1350 of the Civil Code, the following objects are not considered and cannot be protected as inventions:
- discoveries;
- scientific theories and mathematical methods;
- decisions concerning only the product appearance and aimed at satisfying aesthetic needs (note! this type of objects is protected as industrial designs);
- rules and methods of games, intellectual and economic activity;
- software (note: protection options for this type of objects);
- solutions for the information provision only.
- plant varieties, animal breeds and biological methods of their producing, entirely consisting of crossbreeding and selection, with the exception of microbiological methods and products thus obtained;
- topologies of integrated circuits (note: protection options for this object).
The author of the invention is a person whose creative work resulted in the invention. Copyright is not alienable! That is, any copyright transfer agreement is null and void.
Exclusive rights to an invention initially belong to the author, but may be transferred in full to third parties under an agreement of exclusive rights alienation or partially under a license agreement. Unlike trademarks, exclusive rights to inventions may belong to both individuals and legal entities.
Exclusive rights to an invention initially belong to the author, but may be transferred in full to third parties under an agreement of exclusive rights alienation or partially under a license agreement. Unlike trademarks, exclusive rights to inventions may belong to both individuals and legal entities.
Calculation of cost and time required for registration of patent for invention:
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Other patent options:
Utility Model Patent Registration
Utility Model Patent Cancellation
Utility Model Examination (judicial and pre-trial)
Obtaining an international patent for utility model
Challenging ROSPATENT's refusal to obtain a patent
Protection of Copyright and exclusive rights for utility model
Listing utility model in the customs register
Utility Model Patent Cancellation
Utility Model Examination (judicial and pre-trial)
Obtaining an international patent for utility model
Challenging ROSPATENT's refusal to obtain a patent
Protection of Copyright and exclusive rights for utility model
Listing utility model in the customs register
Registration of a patent for industrial design
Cancellation of patents for industrial design
Industrial design Examination (judicial and pre-trial)
Obtaining an international patent for industrial design
Challenging ROSPATENT's refusal to obtain a patent
Protection of Copyright and exclusive rights for industrial design
Listing industrial model in the customs register
Cancellation of patents for industrial design
Industrial design Examination (judicial and pre-trial)
Obtaining an international patent for industrial design
Challenging ROSPATENT's refusal to obtain a patent
Protection of Copyright and exclusive rights for industrial design
Listing industrial model in the customs register
Additional services in patenting inventions:
Patent examination of an invention
Examination of your patent rights infringement.
Cancellation of the patent for invention
Cancellation (termination) of others' patents for inventions.
Extension of the patent for invention
Services for extending your patent for invention.
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