How to get a patent on the idea?

The era of information technology has brought into our lives a lot of changes. But first she gave understanding of the main principles on which is built the modern system of values: there is nothing more ideas. The ability to generate fresh concepts to find their own way and take constructive solutions - today it is a guarantee of success in the civilized world. Individual successful opening too rapidly ascended to the podium a lot of names. The better idea is applied, the more in demand it - the more likely the public triumph of its author.

But the publicity is a downside . Everything becomes public immediately at risk of losing the originality , novelty , and with them the authorship. " Leaving the people" , the creative can bring him and separate him, the most enterprising , members great benefits from which will go directly to the creator symbolic crumbs . Therefore, every creator, was born in the head of which is more or less viable pervoideya seeks as soon as possible to patent his creation .

What idea can be patented
Nobody wants to be the idea of ​​appropriated impostor. A method to protect their rights in this case the same: to get an official confirmation of authorship as the patent on the idea of ​​its own that no one else could infringe upon it. Besides moral satisfaction, the document gives the right in its sole discretion to dispose of the concept and its derivatives products and / or systems created based on it. In other words, the author's patent confirms and protects your right to the exclusive use of the product and the priority of your intellectual property.

However, if your mind is truly born (or in your opinion) brilliant idea , do not rush to an appointment with a notary . By law , the invention can be patented , and the idea - it's just an insight that you may at its sole discretion to share or not to share with others. The difference between the two concepts is about the same as that between word and deed or intention and implementation. So , come up with something important , try to formulate and adapt his idea to turn it into one of these forms :
  1. Invention- That is, according to the official definition, the technical solution in any field , which refers to her product or process . Under a universal definition encompasses a very wide range of concepts , from the strains of microorganisms to the method of controlling the forces of nature.
  2. Utility Model- Under this formulation it is also understood a technical solution, but, in contrast to the present invention, shall apply less stringent requirements.
  3. Design- The object of the intellectual right belongs exclusively to the material embodiment of ideas , its design, design features and appearance in general. The object of architecture and certain other fixed structures can not be considered an industrial design and, therefore, can not receive adequate legal protection .
But the service can not be patented.

Conditions for obtaining a patent
Simply put, the legal protection provided is not a problem , and its solution. And in order to get it, you must prove that your solution to the problem ( set by you yourself , or for a long time tormenting the best minds of humanity ) has the following characteristics:
  1. Novelty:no one before you has thought to approach the problem from this side, did not find this answer, and / or about this still did not know anything.
  2. Inventive step:skilled in the art will not consider your decision granted on the basis of the current level of knowledge.
  3. Industrial Applicability:your invention can be used in practice, to be included in the processes of production, agriculture, etc.
These three parameters are called the conditions of patentability . State Expertise has the authority to determine the extent to which they each invention on which the corresponding application was filed . This is a mandatory step , without going that you will not qualify for the recognition of intellectual property rights .

Obtaining a patent in Russia
The process of obtaining intellectual property rights consists of several strictly successive stages.
  1. A description of the invention.It must be done in detail, listing all the signs of ideas, material and individual, ie relating to the properties, composition, structure, usage, produced effects. Describe each element of the device and their combination, interaction, shape, materials, and environment. It is important to structure the description and provide it with an accompanying graphic material, drawings, illustrations and examples. Offhand, not knowing the scope and principles of operation of your invention, we can assume that in his description after names and designations, not hurt to put:
    • list of structural elements, their location;
    • form elements, their material principle and the result of the interaction;
    • a list of actions and / or collectively;
    • the execution order of actions and processes;
    • the conditions necessary for the implementation of actions and processes, assistive devices, etc.
    So you organize information about the invention and submitting it to a form suitable for human perception , which met for the first time with her . How should think over all accompanying materials , take care about the quality of their performance . A detailed description of the scheme , according to the specifics of your invention are set forth in the Rules of Service for Intellectual Property, Patents and Trademarks , which can be freely downloaded and explored.

  2. Conduct a patent search.The fact is that before giving permission for the assignment of a patent, the Commission will verify the novelty of your invention and its compliance with the rest of the above characteristics. To this end, the description of your invention is compared with the existing, well-known and amended database inventions. Comparison takes place in the parameters depending on the type of invention and the scope of its application. As a result, it becomes clear whether you really have created something new, either inadvertently or deliberately "invented the wheel", ie repeated another idea patented earlier. Therefore, to avoid the failure to grant a patent, before applying carried out the so-called patent search on the novelty of the invention.
    There is a national duty to conduct this examination. Paying for it, you run the checking mechanism, and can choose one of the ways to implement it. The most common way - is seeking the services of a patent attorney who is familiar with legal procedures, their subtleties and incidents, and knows how to formulate and apply to get the right answer with a high probability. In addition, there are open source, which can be accessed free of charge with a list of existing patents and to compare yourself with them own ideas. But this way is accompanied by risk. First, not having the necessary legal expertise, the inventor does not know what to look for and what to look for. Secondly, free databases typically contain, concise information and are not updated frequently, so that they can simply reflect the real picture.
  3. Apply for a patent, and do it correctly.
    • statements with the full name of the author of the invention, the applicant (they may be the same or not), its mailing address (legal and actual);
    • description of the invention, the requirements for which are listed above;
    • claims - that is, an expression of its essence, based on the detailed description;
    • drawings, diagrams, illustrations - in short, additional materials to help you understand the content of the present invention;
    • abstract of the invention.
Do not be afraid of the apparent complexity and formality of these requirements.

After the application is filed and paid state fee , you will wait for the verdict of Rospatent , which you will be notified by letter to the address that you specify in the order. There are two possible solutions : to grant a patent or refuse to grant a patent . In the first case the subsequent state registration of the invention , the issuance of the relevant documents , and you publish official data on granting a patent. In the second , Bad , or you will send a second request , or withdraw its application .

The validity of the patent is counted from the date of filing the application and not from the date of issuance. It depends on the object of patents and the related difficulties. In particular, the patent is valid for 25 years, but also the most difficult to get it. The utility model is protected by a patent is only 10 years old, but its patentability less demanding, and applications are considered under a simplified procedure. Designs occupy an intermediate position in terms of conditions of patentability, especially novelty and originality, and intellectual property rights to them are retained for 15 years. After expiration of the patent can be extended by re-passing some stages of the procedure, but it is much faster and easier.

Receiving international patents
You may decide that a patent Russia you will not be enough for a complete business management and protection of their rights. In this case, it makes sense to think about getting a patent in force on the territory of several countries. Patenting abroad engaged in special agencies of the countries concerned, and you will have to contact them. In this case, the initiative will hardly acceptable, and it is better to use the services of a patent attorney. Not necessarily look for this foreign, domestic experts have the same rights to enroll and contact with official institutions. There are also regional and national attorneys on its own rich experience familiar with international regulations. But even they can not get around the law by which to apply for a foreign patent, you can no earlier than six months after filing with Rospatent.

Issues of intellectual property protection concern of many inventors , many of which are not easy to think creatively , but also embody their ideas in business. We hope that our tips will help you in business development and introduction of new , truly useful , inventions to life.