Useful inventions are technical innovations in various fields that relate to a product (device). Let's try to find out the main issues related to technical innovations.
Legal defense
To begin with, an invention, utility model, industrial design is protected by the state only after the patenting procedure is completed. What are the rules for providing legal support from the state to technical innovations? Only if inventions, utility models are new, can one count on obtaining a state certificate of patent registration.
What does not apply to inventions
You can get a patent for inventions, utility models in the event that the innovation meets certain rules. Scientific discoveries, solutions, mathematical technologies, intellectual activity, as well as computer programs are not inventions. Useful inventions should be reproducible on an industrial scale. A patent is not issued for animal breeds, plant varieties, microcircuits.
Useful inventions are evaluated by technical experts who are recruited by representatives of the patent office.
Patent Procedure
Before contacting the organization that is involved in the execution of security documents, it is necessary to determine the degree of uniqueness. There are express techniques for identifying the uniqueness of useful inventions. If you conduct such a check on your own, there is a high probability of obtaining an unreliable result. In our country, a title of protection is issued by the Federal Service for Intellectual Property (Rospatent).
Inventions, utility models, industrial designs can be checked for uniqueness by specialists of this organization. After receiving the results of the check, they will notify the applicant of the appropriateness of further passing the procedure for obtaining a patent. If a low degree of uniqueness is detected, specialists advise the applicant to make adjustments to his invention and only then prepare a package of documents for submission to the patent office.
What is required for the registration procedure
How to get a patent? A useful invention is subject to mandatory registration with a government agency. In order to become the legal owner of the registration certificate, you will have to be patient. There are two ways to submit documents. If there is enough free time for correspondence with representatives of this organization, you can personally contact the department by providing a full package of documents.
Entrepreneurs prefer to use the second method, which involves concluding a preliminary contract with the patent office. The applicant will be represented by an employee of such an organization.
In addition to the special certificate, which gives the right to conduct activities related to registration actions, the specialist will represent the interests of the applicant in court if Rospatent refuses to register the invention.
Documents
In order to register its useful inventions with Rospatent, there is a certain algorithm of actions. The applicant provides a detailed description of his technical invention, its black-and-white or color images, submits an application for registration, a sample of which can be taken at the state registration bureau. If a technical novelty has several authors, each of them is indicated in the application.
A copy of the statutory documents is also provided in the registration package if the invention is the result of a company.
After all the documents are accepted in Rospatent, the direct registration procedure begins. It involves a formal examination, which involves checking the uniqueness of the claimed invention (utility model) on a variety of databases.
After its completion, the applicant receives a written notice of the results of such an analysis. With a positive outcome of this stage, registration actions continue, substantive examination is carried out. It involves an analysis of the feasibility of the proposed technical innovations. At this stage, the patent office invites technical specialists competent in the matter under consideration.
The average duration of such registration actions is 10-14 months from the date of filing a package of documents. After completing all examinations, the applicant receives a patent for his technical novelty.
The validity of this title of protection begins from the moment of registration of the application package of documents with Rospatent and is twenty years. If a patent renewal is not filed in a timely manner, the invention will become publicly available and will lose legal support from the state from fraudsters.
Conclusion
Patenting is developed in European countries. Invented, understanding the importance of this procedure, do not save material resources, solving these issues. Given the high cost of patenting, in Russia such events are not available to all inventors. Many of them are not aware of the risk that arises in the absence of a patent for a model. At any time, competitors can take advantage of their invention without incurring any administrative and criminal liability.