Only he who does nothing is not mistaken. And whoever does something will always find a way to correct their mistakes and possibly prevent them in the future. If you have found a solution that improves or facilitates your mode of action or even life, you should share your invention with everyone. Recognition, gratitude, financial support will never hinder the ingenious inventor.
But before releasing your brainchild to the masses, it is worth securing rights to it. So that someone else, less talented, but more cunning, would not get all the laurels of your work. Utility model patents will help the creator prove his authorship and allow him to independently control the fate of the invention.
What is a patent?
The word "patent" has Latin roots and the literal translation is "clear, obvious." In Russian legislation, the following definition is given to the word "patent": "a document confirming the exclusive right, authorship and priority of an invention or utility model."
This means that the person who received the patent can prohibit any unauthorized use of his model or invention. Patent law is governed by the Civil and Criminal Codes. The court may order the violator to compensate the author for damages, compensate non-pecuniary damage, fine, draw him to compulsory labor and even put him in custody.
Subject to the necessary conditions, a patent is issued by a state institution. In Russia, FIPS Rospatent grants patents for a utility model or invention. But there are international organizations that regulate this issue, for example, the World Intellectual Property Organization.
What is a patent for?
Creative and inventive people live their creations, burn with ideas and activities for their embodiment. Each creator wants his brainchild to be recognized and in demand, and if it also increases the budget, working on it is doubly pleasant. But it happens that a project that has been “hatched” for a long time and implemented is beneficial to another. It's a shame. For such cases, patenting of a utility model is provided.
Document issued by FIPS Rospatent secures exclusive rights the author. The patent holder can independently decide what to do with the result of his intellectual work: apply as intended, sell, take out of the country, prohibit using his decision, etc.
If someone is interested in the invention and wants to use it in their production, he will have to buy a license. The initiator of the license agreement is the receiving party to protect themselves from problems with the law. As a rule, a contract for use is concluded on a material basis, but there have been cases when the author has donated his work.
The contract can be of two types:
- transferring part of the rights to the buyer and leaving the fundamental rights to the patent holder (exclusive);
- the inventor reserves all rights, including the possibility of transfer to third parties, and gives the buyer only the right to use the product (non-exclusive).
It is very important to remember that a contract for the use of a patented invention must be registered with the Patent Office.
Types of Patents
Depending on the purpose of obtaining the document, the following patent functions are distinguished:
- Protective (authorship is recorded to avoid problems).
- Investment (the invention makes a profit, but even if the company does not use it, in any case, each patent increases the reputation and value of the company).
- Attacking (it turns out to be an "umbrella" of a wide spectrum for issuing licenses or a provocative patent for an invention and can later be used for litigation in order to undermine the authority of a competitor).
A patent is a legal weapon of businessmen. With its help, spheres of activity for development can be “blocked”, authorities can be undermined, prices can “wind up”. It is also possible to slow down the development of competitors and use other patent strategies.
Today, patents are issued for a utility model (10 years), an invention (20 years) and industrial designs (5 years). The term may be extended. After the patent expires, the decision can be used free of charge.
How to get a patent
If you have a unique invention, there are two ways to apply for a patent for a utility model:
- Independently study the legislative framework, form an application and submit it to Rospatent.
- Contact a company that will do everything for you by proxy. The services of patent attorneys are not the cheapest pleasure, but they will significantly save your time and nerves, increase the likelihood of receiving a document.
A patent for a utility model requires a number of documents, such as:
- Application for patenting.
- Description of utility model.
- The utility model formula.
- Drawings (if provided).
- Abstract.
Please note that the documents are subject to strict compliance checks. Of particular difficulty in preparing an application is the description of the formula. It should contain a complete description of the model, properties, qualities, applications, novelty and at the same time be concise.
Patenting Procedure
A legal entity, individual or group of persons can patent an invention.
After preparing the documents, they must be transferred to the FIPS, located at: Moscow, Berezhkovskaya nab., 30.
When applying, you will have to pay a fee of 850 rubles. On the day of receipt of the application, Rospatent registers it and launches an examination, which will last at least two months. If during the examination it is revealed that the patented solution cannot be considered a utility model or it is not “new”, registration of rights will be refused.
If defects in the design are found in the application, a notification will be sent to the applicant. He must eliminate the shortcomings, correct the errors and give comprehensive answers to the expert within 2 months. Otherwise, the application will close and will not be considered more.
If a positive decision is made on the application, the product is entered into the State Register and patents for a utility model or invention are issued. A fee is charged from the applicant - 3,250 rubles. The procedure takes from two months. There is an official newsletter of utility models where all models listed in the registry are published. After the publication of this document, the patent holder receives all rights to his decision. Now it is published on the official website of Rospatent.
In the future, the patent holder will have to pay a fee for each year of use of the document. If he does not, the patent expires.
What is patent search?
Patents do not guarantee that the claimed solution is unique and that there is no analogue in the world. FIPS does not provide verification services for this information. Only by contacting patent attorneys can you clarify this issue in advance and find out which patents for a utility model are obtained. The search is conducted on various databases and literature of the corresponding product. Of course, you can try to independently conduct this analysis, but it will take a lot of time and effort.
Tracking your own certificate in the state registry also falls under patent search.The fact is that today FIPS does not send patent holders notifications of arrears in annual payments, which may cause the early redemption of the patent. Therefore, inventors must independently track the status of their document.
Difficulties
Pending a patent is a rather lengthy and costly procedure. Not every inventor is willing to spend his time on securing the authorship of a solution. His inquiring mind and working hands are ready for new discoveries. But if the product is worthwhile, it is better to get the necessary document yourself or through representatives.
The inventor needs to be prepared for the difficulties that may arise in his path to the patent:
- application rules;
- formula writing language;
- terms of examination and grant of a patent.
What can I get a patent for
The utility model is designed to improve, simplify human life and activities. There are many scientists and amateur inventors in Russia who have created truly useful things. And even the most ordinary and familiar designs were once invented and patented.
Utility Model Patent: An Example of Approved Applications of 2015.
- Contact-type bird protection device for tension clamps of power lines.
- Lead-acid battery.
- Injector of a diesel internal combustion engine.
- The device for tillage.
- Chopper honeycombs.
- Device for determining the strain of nipple rubber in milking machines.
- Protective screen.
- The method of impregnation and drying of the windings of the anchors of electric motors.
It is worth noting that a lot of useful solutions are patented. FIPS issues 3 bulletin issues each month.
Unusual patented models
It is very difficult to come up with something new, and even more useful today, almost everything is already there! But there are craftsmen with quite creative thinking who also patent their creations.
List of the most unusual utility models in history:
- Face mask that protects against eating.
- Face mask that protects from kisses.
- A swinging method on a swing (from left to right).
- Flatulent deodorant pad.
- Triple tights (three legs, one of them in reserve).
- Device for protecting bananas (case).
- Diapers for birds (domestic).
- Mechanical nanny (a hand fixed to the bed strokes the baby on the back).
These are such interesting patented inventions in the world.