Inventions and Utility Models Patenting
Russian Federation Civil Code, Part Four, “Chapter 72. Patent Law” shall govern relations arising in connection with legal protection and use of inventions, utility models and industrial designs.
Your technical solution can be protected by a Patent for Invention as well as by a Utility Model Patent.
To obtain a Patent for Invention (the requirements to the patentable subject-matter have been unified almost in all the countries of the world) the claimed solution has to meet the following criteria: international novelty, inventive level and industrial applicability.
The documents preparation procedure for patenting includes the following:
- performing a patent information retrieval in order to establish the compliance with the outlined criteria and to identify the closest analogues;
- drafting claim, description and abstract of the invention.
Description of the invention usually contains critical remarks regarding the closest analogues (solutions ensuring a similar technical result), a list of the advantages of the suggested technical solution and the substantiation of the relevant technical features a combination of which ensures the said effect.
Upon filing an application for registration of patent for invention, Rospatent specialists carry out the examination to make sure the formal requirements have been met (formal examination) and the substantive examination, including patent information retrieval. If the outlined in the Patent Act requirements are met, a patent for invention is granted.
Patenting a utility model is a way to protect devices which are expected to meet the requirement of novelty and industrial applicability. During the Rospatent registration of utility model examination on compliance to this requirements is carried out. If the requirements are met, a utility model patent is granted.
Legal entities as well as individuals may be applicants in preparation of applications for invention and/or utility model. In the course of performing the examination, the membership of applicants may be changed upon their request. A patent is issued in the name of the applicants who become patent holders upon the receipt of the patent.
The Applicants may choose the way the patent should be used, including future income distribution, by concluding an agreement.
Where the agreement has not been concluded, the patent holders have the right to use the patented invention in their own economic activity without seeking mutual approval (agreement) of such activity.
In this case they may dispose of their right to a patent (to concede or assign the right to use to the third parties) only upon consent of each other.
