Utility Model Patent

Streamlined procedure of utility model examination and registration.
  1. Support in the utility model patent commercialization (contracts, accounting for intangible assets).
  2. Protecting Your Patent Rights in Court.
  3. Executing patent research in accordance with GOST R 15.011-96.
Utility model – is an intangible object of intellectual rights similar to the invention (technical solution) related to the device.

What can you patent as a utility model?

A technical solution related to the device is protected as a utility model.
That is, a technical solution - the device can be protected either with a patent for invention or with a patent for utility model, decision is made at the applicant's discretion and depending on the achievement of the "prior art" patentability parameter.
In Ukraine and Japan, both methods and substances can be protected as a utility model, while in Germany a utility model must necessarily involve an inventive step.

Conditions of the utility model patentability:

  • Novelty
    An invention is considered as new if its material cumulative feature is not known in the prior art at the time of filing an application for utility model. The prior art includes any information that has become publicly available in the world at the time of the invention priority.
    "Author's privilege" - is a 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 (section 3 of the Civil Code)
    1
  • Industrial applicability
    A utility model 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 utility model, 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.
    2

Period of registration and validity of the exclusive right for utility model:

  • 2 MONTHS
    Minimum period of registration of utility model patent.
    1
  • 6 MONTHS
    Author's privilege for "novelty" patentability parameter
    2
  • 10 YEARS
    Term of exclusive rights for utility model.
    3

The title documents examples that officially certify the exclusive right to utility model (patents):

utility model - patentsutility modelutility model (patents)

Procedure of a utility model patent registration:

1
Materials study
1 day
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 utility models 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. The patent searches are carried out in accordance with GOST R 15.011-96
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 utility model 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 utility model 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.
6
Examination as to substance of the patented object
Application examination as to the substance of a utility model 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 a utility model includes:
- verification of the claimed invention compliance with the requirements established by paragraph 4 of section 1349 of the Civil Code of the Russian Federation, 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 utility model substance disclosure in the application documents provided for by sub-paragraphs 1 - 4 of paragraph 2 of section 1376 of the Code and submitted on the date of its filing, for the utility model examination to be executed by a specialist in this field of technology;
- verification of the claimed utility model compliance with the patentability conditions stipulated by the second sub- paragraph of paragraph 1 of section 1351 of the Code

7
Granting a patent for utility model to the rightholder
Up to 2 months
ROSPATENT

The title document contains the number of the utility model patent, 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.
NDA - ЗИС

Cost of registration of the utility model patent:

The standard procedure of the utility model patenting: 8 months

Infringement search

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

Calculate
The streamlined procedure of the utility model patenting: 2 months

Infringement search

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

Calculate

Amounts of stamp duties for utility model 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 utility model examination as to the form
+700 ₽ for each claim over 10
1400 ₽
Stamp Duty for utility model examination as to the substance (standard)
2500 ₽
Stamp Duties for utility model registration and patent granting
4500 ₽
By implication of law, a utility model is a device, i.e. man-made object (notion, mechanism, design, installation) with a complex internal structure, created to perform certain functions).
The law defines two conditions for granting a device the status of an utility model and the corresponding legal protection status.
The first condition is the novelty of the utility model. It is recognized as new if its material cumulative feature is not known from the prior art (part 2 of section 1351 of the Civil Code of Russian Federation). In fact, this means that, in contrast to the invention, a utility model may already be known to the public, however, its construction is fundamentally different from similar existing models.
By "prior art" any information that has become generally available in the world prior to the utility model priority date is meant. The prior art also includes (subject to an earlier priority) all applications for a patent for an invention, utility model or industrial design, which are filed in the Russian Federation by other persons and with documents accessible by any person, as well as inventions and utility models patented in the Russian Federation. Please note, that when determining the utility model's novelty, the information is taken into account about a similar device use not only in the Russian Federation, but also abroad - if this information has been published.
The second condition is industrial applicability, i.e. the possibility of use in industry, agriculture, healthcare, other sectors of the economy or in the social sphere.

Calculation of cost and time required for registration of patent for utility model:

Proposed name of the patent for utility model:
Fields of application:
Time of patent obtaining:
Has no influence upon priority date but determines the commencement date of the patent right:
3
12
Countries of the patent:
Russian or international patent
Comments to the patent for utility model:
Determine its patentability, novelty and prior arts
The infringement search has been carried out?
Your telephone number:*
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Other patent options:

  • Registration of a patent for invention Cancellation of patents for invention
    Invention Examination (judicial and pre-trial)
    Obtaining an international patent for invention
    Challenging ROSPATENT's refusal to obtain a patent
    Protection of Copyright and exclusive rights for invention
    Listing invention 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

Additional services in patenting utility models:

  • Patent examination of a utility model
    Examination of your patent rights infringement.
  • Cancellation of the patent for utility model
    Cancellation (termination) of others' patents for utility models
  • Extension of the patent for utility model
    Extending patent exclusive rights for utility model
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