What is a patent? Firstly this is a document which is designed to perform a protective function to protect the rights to specific decisions of a different plan, to work or to carry out entrepreneurial activity.
Patents of Russia and their purpose
In the Russian Federation, several different documents are referred to as patents:
- work permit;
- individual business permit;
- exclusive right to an invention, industrial design or utility model of technology.
The main purpose of this document is to protect the owner’s rights to his intellectual property, work and individual entrepreneurial practice.
Invention
What is an invention patent? This is a document that protects the result of the inventive activity of a particular person. In the presence of a patent, any claims by third parties are completely excluded. If such rights are subsequently violated, then the law provides for both civil liability in the form of payment of fines and all kinds of compensation, as well as criminal liability, up to and including imprisonment. That’s why lately many inventors are ready to defend their intellectual property in this way.
If the inventor has such a document, the use of the results of his intellectual activity requires the execution of a certain permit in accordance with applicable law. In such cases, a contract is drawn up with the copyright holder, after which a license to use the product is issued. In most cases, a license is required to be paid to a person who has the exclusive right.
There are two types of licenses:
- Exceptional. With this type of license, the invention can only be used in part.
- Non-exclusive. You can use the invention as you like, up to granting a license to third parties, however, all rights remain with the patent holder.
In order for the contract to enter into force, it must be registered with the Patent Office.
Procedure for obtaining a patent
To obtain this document you need to contact the Federal Institute of Industrial Property. It should be remembered that a patent for an invention is granted only if it really has novelty and value. Otherwise, they will refuse to receive this document.
Validity of a patent for an invention - 20 years, for a utility model - 10 years, for an industrial design - 15 years.
Obtaining a patent confirming the exclusive right to dispose of the invention can be carried out in several ways:
- independently (it will take quite a long time and documents that extend their effect internationally cannot be submitted);
- trust the patentee (the person is unofficial, so you should be extremely careful);
- entrust to a patent attorney (certified specialist with at least five years experience in this field);
- with the help of a law firm (they rarely have a patent attorney on their staff, you can verify this information by contacting FIPS);
- with the help of a patent office (the state must have at least one attorney, but still it’s worth asking for a license and a reputation and not trusting blindly).
After you have already completed this document, you need to pay the so-called patent fee annually. In addition, it is required to use it, at least occasionally, but still use it. Otherwise, you risk canceling it.
Patent for work
In order for a citizen arriving from another country to have the right to perform labor activities in the territory of the Russian Federation, he needs to have this type of document.
What is a patent for work? This is a document confirming the right of a citizen who arrived on the territory of Russia in visa-free regime officially work. It is required only when a person plans to work not for a legal entity, but for an individual.
The period for which this type of patent is usually granted is 1-3 months. After the expiration of this period, the permit may be extended, and to do this several times. The maximum patent for a year is issued. By prolonging the validity of a permit, a foreign citizen automatically increases the time of a legitimate stay in the country.
Obtaining a patent for work takes place in the FMS. For this, the following documents are submitted:
- statement;
- migration card;
- identity document.
After submitting the documents within 10 days, a decision is made regarding the approval or rejection of the application.
Individual Enterprise Patent
What is an IP patent? This is a document that is designed to facilitate the payment of taxes by a business entity. This tax system is purely voluntary.
Advantages of obtaining a patent on individual entrepreneurship:
- no need to visit the tax office;
- there are no filling in declarations, as well as direct taxes - if a patent is available, only insurance premiums are paid;
- You can not keep accounting;
- The amount of tax is indicated in the patent itself.
To obtain such a document, you need to register an individual entrepreneur and file an application with the tax authority at the place of residence or with any other territorial authority.
The term for granting a patent for IP is about 5 days from the date of filing the application; it is valid from 1 to 12 months.
