Patent for invention or utility model

Patent is a document of title

Before implementing a commercial idea and starting manufacture of any product, the originator must first obtain a patent for invention or utility model, which provides the corresponding copyright. If this step is omitted, it would be impossible to prove your authorship or confirm uniqueness of your invention in the future. Patent is a powerful tool in competition. This is because only the author will get a monopoly right to use the technologies or design to create a unique product.

Invention is a technical solution, an output of the inventor’s art. Invention is a product (substance, device, cell culture, microbial strain, etc.) or a method (action performed under a material object using material means). An invention can be registered in any field provided that three patentability criteria are met.

Criteria of patentability for an invention:

  • Novelty – the technical solutions used in the invention must not be used before application for this invention
  • Inventive step – technical solutions used in the invention must be ahead of the existing state-of-the-art
  • Industrial applicability – the inventions being registered must be applicable in industry, medicine and other social and economic spheres

The following can be registered as an invention:

  • Device, an interrelated combination of parts and mechanisms forming one functional structure and design
  • Method
  • Substance
  • Microbial strain
  • New applications of known devices, methods and substances

Utility model is an innovative technical solution related to a device and implemented in practice.

Utility model secured by legal protection is a technical solution that meets patentability criteria.

Patentability criteria for utility models:

  • Utility model is deemed new, if combination of its essential features is not known from the state-of-the-art
  • Utility model is industrially applicable, if it can be used in practice

Russian laws stipulate less stringent registration requirements towards utility models than to inventions. Normally, a patent for utility model can be obtained faster than that for invention, and the whole procedure requires less expenditures.

A utility model patent is valid for 10 years, while a patent for invention is valid for 20 years. This term can be prolonged for 5 years, if the invention is related to medicines, pesticides or agricultural chemicals.

Validity of any patent needs annual maintaining.

Our patent registration services include:

  • Consulting on obtaining patents
  • Expert-level patent search
  • Development of patent application for filing in Russia
  • Development of patent application for filing within the Eurasian Economic Union (includes five countries – Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic and Russian Federation)
  • Assistance in international patenting via the РСТ (Patent Cooperation Treaty) procedure in 155 countries worldwide
  • Monitoring and reporting on annual patent payment dates
  • Maintenance of patent validity throughout its period
  • Assistance in issuing patent licenses, in preparation of alienation agreement for exclusive patent rights
  • Representation of the client in courts and administrative authorities in case of patent disputes

 

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