Validity of a patent for an invention: requirements of the law

The current legislation establishes a special procedure, called patenting, through which legal consolidation of the author’s right to his invention is carried out. Below we consider what a patent and an invention itself are, what are the features of the above procedure, and also how long a patent for an invention establishes legislation.

Patent Objects

The current patent legislation establishes the following three types of objects subject to appropriate legal protection:

• invention;
• utility model;
• industrial model.

Patenting of each of the above objects has its own characteristic features, in connection with which it is necessary to understand how the indicated objects differ from each other and what is the duration of the patent for an invention (years).

By the invention is meant a technical solution related to one or another material type of object (product) or process of action (technology), which is distinguished by novelty, industrial applicability, as well as by an appropriate inventive step.

A utility model is understood to mean a technical solution related to a certain existing device, which has novelty and industrial applicability, but, unlike the invention, does not significantly affect the technological level.

Under the industrial design is understood applied to the object of industrial or artisanal production of art and design solution, through which the appearance of the signified object is determined.

Based on the above, it can be said that the invention is the result of creating something new and previously non-existent, and the utility model, as well as the industrial model, are just a definite improvement of existing objects, respectively, in technological and design aspects.

Patentability Conditions

Before considering such issues as how patenting is carried out and how long a patent for an invention of the Russian Federation is valid, it is necessary to understand what conditions are required for the invention to be patentable.

So, the current patent law establishes the following conditions for patentability of an invention:

• Novelty - the invention should not be known from the existing level of technology. The establishment of novelty is carried out on the priority date of the invention.
• The presence of inventive step - the latter is ascertained in the event that specialists will not find any other solutions that match their characteristics with the distinguishing features of the invention.
• Industrial applicability - the invention can be applied without any obstacles in production, agriculture and other industries.

Patent and algorithm for its receipt

A patent is an established state certificate, which officially confirms the author’s right to both the object invented by him and the subsequent disposal of it.

The issuance of patents is carried out by a specialized state body - Rospatent, to which delegated the authority to implement state registration of patent law.

The algorithm for obtaining the patent for an invention by the author is as follows:

• creation and development of an invention;
• collection of necessary documentation for filing an application for registration of intellectual property;
• sending to Rospatent an application for registration of an invention;
• application review procedure and patenting;
• obtaining a patent and documentation on entering copyright data in the corresponding state registry.

Filing a patent application

The following entities are entitled to file a patent application in accordance with the provisions of patent law:

• directly the author of the invention;
• any person to whom the author of the invention has been delegated the right to obtain a patent;
• patent attorney.

An application for a patent should include:

• the established form, an application for the grant of a corresponding patent indicating the direct author of the invention and the subject in whose name the latter is requested, as well as their place of residence;
• a description of the invention made, fully disclosing it for subsequent implementation;
• the formula of the invention, which expresses the essence of the latter. The formula should be entirely based on the description of the invention.
• drawings and other materials required to understand the essence of the invention;
• essay.

In addition to all this, the application must be accompanied by a document confirming the payment of the patent fee or listing the grounds for exemption from its payment or reduction of its size.

After receipt of the application by the authorized body, a formal examination is carried out, at the positive end of which the applicant is immediately notified. After granting a patent to an inventor, Rospatent in the official gazette publishes data on the grant of a patent, the name of the inventor and patent holder, the name, as well as the claims.

Validity of a patent for an invention

As provided by law, exclusive right for a utility model, industrial design, as well as confirming the indicated right, the patent is valid for the following time periods:

• ten years - for objects that are utility models;
• five years - for objects that are industrial designs.

It is also established by the legislative provisions that the patent for an invention is valid for twenty years.

The calculation of all the above dates begins from the date of filing with the authorized body (Rospatent) an application for the registration and subsequent grant of a patent.

Patent Renewal

The provisions of the patent law establish that the extension of the validity of a patent for an invention is allowed if the latter is related to products such as a medicine, agrochemical or pesticide, and requires the receipt of an appropriate permit for its use. In such cases, the extension of the patent is carried out for a time period not exceeding five years.

The mentioned time period is extended by the time elapsed from the moment of sending the application for the grant of a patent for an invention to the moment of obtaining the initial permission to use the corresponding product.

The application to Rospatent that the patent for the invention be extended must be sent during the last period until the expiration of the six-month period, calculated from the moment of obtaining the initial permission to use the product or from the moment of granting the patent based on which of the mentioned periods expires later.

Patent Recovery

When examining the question of how long a patent for an invention is valid, it is also necessary to mention the period during which the validity of a patent can be restored. As provided by the provisions of the law, the aforementioned patent, which expired due to the fact that the maintenance fee was not paid within the statutory period, can be reinstated by the application made by the patent holder.

The indicated application may be sent to Rospatent within a three-year period, calculated from the date of expiration of the period provided for the payment of the patent fee, but until the end of the period during which the patent is valid.

So, the knowledge of what a patent is, how the application for it is sent, and also what is the maximum duration of a patent for an invention, allows you to properly navigate these issues and use the provisions of the existing patent law with maximum efficiency and avoiding various misunderstandings.