Patenting inventions and utility models
Your technical solution can be protected either by an invention patent or an utility model patent.
To patent an invention (practically in all counties the requirements to the subjects of patenting are unified) you have to make sure that it meets the following requirements of patentability: international novelty, inventive step and industrial adaptability.
The procedure of preparing documents includes:
- Conducting of novelty and infringement searches.
- Working up claim of invention, specification of the invention and abstract.
Specification of an invention as a rule comprises criticism of the closest analogues (technical solutions, providing the same effect), the advantages of the suggested technical decision are specified and the bases of the essential technical features, the whole of which ensure the said desired effect, explained.
After filing an application for registration of invention patent, the specialists of Rospatent conduct examination as to the observance of formal demands (the formal expertise) and the substantial expertise, including novelty and infringement search. In case all the requirements of the Patent Law are observed, the invention patent is granted.
Patenting of utility models is a form of law protection of devices which meet the requirements of local novelty (on the territory of patenting) and industrial adaptability. When considering utility model patent applications Rospatent conducts formal expertise only. If all the requirements of the Patent Law are observed, utility model patent is granted.
Both juridical and natural persons can be indicated as applicants in an invention or utility model patent application. The patent is granted in the name of the applicants, who as far as the patent is granted are called patent owners.
The applicants can stipulate for the further usage of patent, including the distribution of the further profits.
In case such agreement is not concluded, the owners of the patent can use the patented invention in their economic activity without mutual concord.
They can dispose of their ownership of patent (to give rights to use the patent to other persons), only by approbation of each other.