How to get a patent for an invention in Russia? This question is not so simple. After all, registration of rights to a particular invention will require special knowledge from a citizen. This process cannot be called ordinary. It is necessary to take into account the many features prepared by obtaining a patent. What should an inventor prepare for? What does a citizen have to do to become the official creator of this or that subject in Russia?
A patent is ...
Before obtaining a patent for an invention in the Russian Federation, it is necessary to understand what kind of document is in question. Not everyone knows what it means to patent the rights to an item. In the same way as it is not entirely clear what a patent is. It is possible that the process of registering the rights to an invention is not burdened with anything, there are simply few inventors in the country!
Patent - a document that confirms the right to develop a particular subject for a person. It certifies the exclusive rights of a citizen to one or another invented thing. Issued by the state for a while.
True, it is possible to obtain a patent only when it comes to new developments. Those about which no one had previously spoken. Only in this situation can one think about how to obtain a patent for an invention in Russia.
Act
The next point that interests the population is the duration of the document. As with any of them, in the case of inventions and obtaining a patent, too, there are limitations. The thing is that at the moment in Russia the document being studied is valid for 20 years. No more, no less. That is how much time the citizen’s right to an invention or technology will be protected exclusively. In the Russian Federation, no other is given.
Can I get a patent for a different period? Not. Therefore, one should take into account the duration of protection of a citizen’s rights to an invention. In fact, the process of obtaining the document under study is not so simple. It is necessary to take into account several factors that will make it possible to realize the idea.
Invention requirements
The fact is that far from everything one can acquire an exclusive right. What conditions and requirements will have to be met? Obtaining a patent for an invention in Russia is possible if the registered object has the following properties:
- Novelty . It has already been repeatedly emphasized that the exclusive right to an invention can be obtained only when previously the object was not known to anyone.
- Inventive step. What does it mean? The invention cannot be an obvious (or non-obvious) consequence of the logical chains that are known to current technologies. That is, a patent is issued for creative items.
- Possibility of application in industry.
These conditions are regulated in the Civil Code of the Russian Federation. They are prescribed in article 1350. If the conditions are not met, the registration and protection of rights to this intellectual property will be denied.
Who is eligible
How to make a patent for an invention in Russia? This is not so easy. But before you prepare the documents, as well as execute them, you need to find out who generally has the right to appeal to the appropriate authorities for paper. In Russia, due to ignorance of this moment, various disputes often arise.
The thing is that the law enshrines the right to register a patent for any citizen of the Russian Federation. But only subject to the previously listed conditions. Therefore, many are wondering whether it is possible to obtain a patent for an invention in 15 years and earlier. After all, minor children are also citizens of the country.
The answer is simple - yes. Only in this case it will be required to act on behalf of the legal representative. Parents (one of them) will have to represent the interests of their minor child. Therefore, everyone has the right to receive a patent for an invention. The main thing is that either a proxy (legal representative) or the inventor himself apply. The second option is possible after reaching adulthood.
But there are exceptions too. In Russia there is such a thing as emancipation. This is the onset of legal capacity for one reason or another before the age of 18 - at 16. If a citizen has received emancipation, then he must independently draw up documents for the patent at this age.
Where to go
The next question is where to get a patent for an invention in Russia. This topic is also important. After all, any document is drawn up somewhere. Recently, multifunctional centers and the State Services portal have become popular. So where to go?
This issue is handled by a special organization - Rospatent. This is where you need to contact if a person wants to register the rights to an invention. You can use the "State Services" portal to submit a request electronically. But one statement will not be enough. Before submitting a request, you need to prepare. How exactly? What is required to receive the document studied today?
Brief instruction
How to get a patent for an invention? The instruction for action does not look too big. And it’s hard to imagine that in fact the items listed will cause a lot of trouble to the citizen. If you want to register the rights to an invention, you must:
- Create a subject of registration (invent something).
- Collect a package of documents for the implementation of ideas.
- Submit an application to Rospatent.
- Pay the state fee.
- Pass examination in Rospatent with the invention.
- Get the finished document.
That doesn't sound so scary. But these processes will bring a lot of trouble. You should pay attention to each item in the list. If you study them all thoroughly, you can figure out with minimal losses how to get a patent for an invention in Russia and abroad.
Process start
But now it is necessary to consider the question under study as closely as possible. The thing is that after a citizen invents something, it will not only be necessary to apply to Rospatent with an appropriate application. A person must conduct a patent search. This will help to make sure that the invention has not been registered by anyone before. Otherwise, a citizen will simply be refused registration of exclusive rights to a particular subject.
Once the verification is behind, you can go to Rospatent and apply for registration. There are certain rules that you will have to follow during the preparation of the document. Which ones? They are spelled out in article 1376 of the Civil Code of the Russian Federation.
Documents
At the moment, in Russia you can apply for a patent for an invention in accordance with the established rules. What documents will you need to bring to Rospatent? How to get a patent for an invention in Russia? To bring the idea to life, a citizen must necessarily present the following package of papers:
- Statement . It indicates the invention, as well as information about the applicant and his representative (if any). Do not forget to indicate the addresses of the defendants in the case.
- Description of developments with drawings. This moment is capable of playing a cruel joke with the inventor. An incorrect description entails the impossibility of registering the rights to an invention.
- Abstract . This is a brief description of the received item with a description of its work. The essence of the invention is described.
- Application for a special examination.
- Identity card of the citizen. If a person acts by proxy, this document will be required including.
- Documents confirming payment of state duty.
An application with all documents can be submitted to Rospatent both in person and by mail. At present, Russia is actively practicing electronic filing of applications with one or another authority. It is enough to send an application with all copies of documents (scans) to the email of Rospatent.
Cost
How to get a patent for an invention in Russia? A brief description of all the necessary steps, as well as the documents that will be required from the citizen, are already known. The grant of a patent is accompanied by the payment of a state fee. This is a mandatory payment that is made during all legally relevant transactions. How much will you have to pay in Russia for the implementation of the task in life?
Here the role is played by the type of patent, as well as the number of formulas in the description of the developments. The exact amount will help calculate special calculators of the cost of the document. They can be found on the website of Rospatent. But in general, you can focus on the state duties established in Russia:
- Registration and issuance of a document in the Russian Federation will cost 1,650 rubles. And additionally for each formula you have to pay 250 rubles. The countdown begins when the description contains more than 25 formulas.
- An international patent application will cost a similar amount. An additional 250 rubles will have to be paid for each part of the application that has not been verified by international expert bodies.
If a citizen filed an application, but then wanted to make changes to the description or abstract of the invention, you also have to pay a state fee. For each paragraph of the formula you need to give 650 rubles. This is if the examination has not yet begun. If it does, then the changes will cost 2,350 rubles per point.
Expertise
The next important step is the examination. It is produced in several stages. We can distinguish formal (initial) and substantive examination. In the first case, the collected package of documents is checked, as well as the correctness of filling out the abstract, drawings and technical description with formulas. Usually this process takes several months. You must wait at least 60 days for the results of the check. This is the average duration of a formal examination. As soon as the stage ends, the citizen receives a notification. If mistakes were made during the collection of documents, they are indicated. It will be necessary to eliminate the inconsistencies, then re-submit the papers for inspection. The countdown will resume.
The second case is a substantive check. At this stage, the correctness of the provided package of documents has already been confirmed. A substantive check is an assurance that the invention may in fact be patented. It begins at the request of the applicant or developer. This document is provided at any time after applying to Rospatent, but no later than 36 months later. Accordingly, during the substantive examination, the citizen will receive an opinion on the possibility of registering the rights to the invention. This process takes about 7 months. Upon its completion, Rospatent sends a notification of the possibility / impossibility of registration. How to get a patent for an invention in Russia? Only a few simple steps are left.
Obtaining a patent
Or rather, just one. This is the receipt of an appropriate document confirming the citizen’s rights to a particular item that he created independently. This can only be done after an examination. Nothing will be required from the citizen - in Rospatent the employees themselves will carry out an inspection.
It remains to wait until the corresponding certificate is ready. It is issued upon presentation of an identity card to a citizen (or proxy) no later than 4 months after the receipt of permission to register patent rights. Of course, in the presence of a paid state duty.
That's all. Now it’s clear how to get a patent for an invention yourself. This process is very laborious. But every citizen of the Russian Federation has a chance to feel like an inventor. The main thing is to prepare correctly. And do not wait for the registration of patent rights to a particular invention to happen quickly.
The timing
How to get a patent for an invention in Russia? This process is already understood. It seems nothing difficult if you prepare correctly and learn how to make a claim. It has already been said that this process requires not only efforts from a citizen, but also patience. After all, obtaining a patent takes a lot of time.
How much exactly? On average, a person in Russia spends about 18-20 months on registering exclusive rights. This is taking into account the receipt of an appropriate certificate at the end of all inspections and payment of state duties. But sometimes this period increases, occasionally - it is shortened by several months.
When deciding to register a patent in Russia, one should prepare for the fact that it will take a long time to communicate with Rospatent. So, counting on the rapid implementation of ideas into practice is clearly not worth it. Indeed, if during the verification of documents, for example, it turns out that some papers are missing or the technical description is not drawn up correctly, you will have to start all over from the very beginning.
Not on my own
Where can I get a patent for an invention? In Rospatent. This organization is engaged in the preparation of relevant documents. Inventors are not always ready to puzzle themselves with paperwork. Therefore, this responsibility is often entrusted to a variety of private companies. In a patent organization, of which there are not so few, for a fee, you can easily obtain a patent for an invention.
On average, the cost of such services is around 25-35 thousand rubles. This is subject to all checks and collection of documents. You will have to wait as much as when you independently apply to Rospatent. The difference is only in the absence of an additional waste of time on all forthcoming paperwork.
Applying to patent companies is a popular and effective way to obtain a patent. But he will require serious expenses from the citizen. Sometimes an independent appeal to Rospatent is a more suitable option. Now it’s clear how to get a patent for an invention (a sample document is provided). In fact, everything is not too difficult with proper and timely preparation. It is not necessary to independently engage in the process - you can entrust this matter to a patent company or ask someone to act as a proxy.