Today, in all spheres of life, whatever you take, there is a huge level of competition. And most valuable information is valued. Every day, people discover and invent something new. To legally claim the right to discover or invent, you need to contact the Institute of Patenting.
The concept
Patenting is a special procedure, which involves proof of copyright. Nowadays, such a procedure is very relevant, now many people are wondering whether it is possible to patent an idea. But immediately it is necessary to make a reservation that no matter how terrific an idea may arise in your head, it’s just not possible to fix your authorship on the territory of the Russian Federation. The same result awaits those who are going to patent a business idea.
According to the legislation of the Russian Federation, copyright can only be protected if finished products and samples are available. Without the realization of any idea, there will simply be nothing to patent. However, do not be upset early. After all, the idea can be visualized in any way.
Creativity (literary, musical or artistic) is protected by copyright. And scientific or technical ideas implemented in an industrial design or utility model are subject to patenting. As for business ideas, although the law does not provide for their patenting, but within the framework of the law, you can still achieve this goal using some mechanisms.
How to patent a business idea
The main weapon in the implementation of obtaining a patent is the embodiment of the idea in material form. It must be presented in the form of a technical novelty. To do this, we need a system that implements a business approach. For example, a system that includes a database, any software tools, modules, and so on. Thus, a business idea will turn into a technical solution used to achieve a specific result. With a competent approach, a solution to obtaining a patent may indeed be found.
However, competitors can also make an effort and, by adding some adjustments, circumvent the patent and implement the business idea with their own changes. Thus, the defense seems very shaky, although to some extent possible.
What do you need to get a patent?
So, the idea should be primarily implemented in the prototype. Inventions are any technical solutions in any areas that relate to a method or product. If the invention is new, has industrial use, or takes the industry to some new level, then it is given legal protection. New ones are previously unknown inventions.
Artistic and design solutions defining the appearance of the invention can also be patented. Moreover, it should be original ergonomically and / or aesthetically according to such characteristics as shape, color, configuration, combination and ornament.
You need to understand that it is impossible to patent the service, because the patents themselves are issued for specific artistic design and technical solutions. Nevertheless, there is the possibility of patenting through the method of providing the service, of course, subject to the presence of novelty and originality. This is implemented in a similar way, similar to the mechanism described above. Legally, these issues are regulated by part four of the Civil Code of the Russian Federation.
Where to patent an idea
The Federal Institute of Industrial Property (FIPS for short) grants patents.There are certain rules established by FIPS according to which inventions are described.
Idea and its description
Before filing an application, it is necessary to characterize your invention, that is, describe it. This lists all the essential features of the invention, which are sufficient and satisfy its technical level. For example, the characteristics of the device include a description of the structural elements, their relationship with each other, the location, shape of the elements individually or the entire device at once, parameters, as well as materials that were used in its manufacture. For such inventions, it is also necessary to describe the design, action or method by which they are used. Other details may be required for the description.
In order to characterize the method of production of something, it is necessary to describe the actions, their order, the conditions by which they are reproduced, the devices through which everything happens. This describes the characteristics, features of the invention, methods and methods of its application. It is good if links and drawings are also given for clarity. Naturally, the wider the description, the higher the chances of obtaining a patent.
Regulations of the Federal Service for intellectual property, patents and trademarks do not contain all the requirements for what the description should be. However, it must be studied before submitting an application and carefully follow all the instructions that are given in it. And all other details are described additionally.
Patent Application
The application for the grant of a patent must indicate the surname, name, patronymic, place of residence or location of the applicant. A full description, drawings, diagrams, abstract should also be attached.
Patent Validity
You can patent an idea as an invention for twenty years, a utility model for ten years, and an industrial design for fifteen years. The patent is valid for the territory of the Russian Federation. In order to patent the idea abroad, it is necessary to apply to patent offices of other countries.
In addition, according to Russian law, such an application can be submitted only six months after applying to Rospatent.
Patent in Ukraine
Process copyright protection in the neighboring state is the same as in Russia. How to patent an idea in Ukraine? A patent office there is located in Kiev. Their validity period is twenty years, subject to payment of the annual fee.
Novelty Check
Before filing an application, it is necessary to check the invention for novelty. To do this, there are special registries, newsletters and, of course, a search engine. Thus, you can independently view information on trademarks, samples, various classifiers, models and so on about whether such an invention already exists at this stage of time. You can use a paid search service, which will give a more accurate and informative answer.
If it turns out that it is impossible to patent an idea, because someone has already done this, you need to understand what are the differences between a patented idea and one for which it is only planned to obtain a patent. It is possible that your invention is newer and can become more effective in its implementation than what is already patented.
We will tell you how to patent an idea in Moscow:
- Search on the official website of the Federal Service for Intellectual Property similar ideas among patented ones.
- Make a detailed description of the invention, industrial design or utility model.
- Formulate a formula in accordance with which to exclude all similar parts and leave only unique ones.
- Compile a summary of the benefits, uses, and benefits of introducing know-how.
- Fill in the forms, pay the state fee.
- Send all necessary documents to Rospatent.
Patent Costs
There are official fees.Separately, the service of attorneys interacting with the executive authorities can also be paid. The cost of their services may vary significantly, while official duties remain unchanged. In any city you can find patent attorneys and find out the cost of services from them. If she seems overpriced, it is worth looking for another attorney. As a rule, finding his problems will not be. In addition, after three years it will be necessary to pay annually the fees, a list of which is in the Regulation on Patent and Other Fees.
The acquisition of a patent is not an easy and time-consuming procedure, but it is better to invest in it and make an effort to protect your ideas. Indeed, to become the sole owner of the invention is worth a lot! Now that you know what it takes to patent an idea, you will succeed. All the best to you and good luck in your endeavors!
