Where and how to get a patent for an invention in Russia?

How to get a patent for an invention in Russia? This question is not so simple. After all, registration of rights to a particular invention will require special knowledge from a citizen. This process cannot be called ordinary. It is necessary to take into account the many features prepared by obtaining a patent. What should an inventor prepare for? What does a citizen have to do to become the official creator of this or that subject in Russia?

A patent is...

Before obtaining a patent for an invention in the Russian Federation, it is necessary to understand what kind of document we are talking about. Not everyone knows what it means to patent the rights to an object. In the same way, it is not entirely clear what a patent is. It is possible that the process of registering the rights to an invention is not burdened by anything, there are simply few inventors in the country!

A patent is a document that confirms the right to develop a particular subject for a person. It certifies the exclusive rights of a citizen to one or another invented thing. Issued by the state for a certain period of time.

True, it is possible to obtain a patent only when it comes to new developments. The ones that no one has talked about before. Only in this situation, you can think about how to get a patent for an invention in Russia.

Action

The next point that the population is interested in is the validity period of the document. Like any of them, in the case of inventions and obtaining a patent, too, there are limitations. The thing is that at the moment in Russia the document under study has been valid for 20 years. No more, no less. That is how long the right of a citizen to an invention or technology will be protected exclusively. In the Russian Federation, there is no other.

Can I get a patent for a different period? No. Therefore, one should take into account the duration of protection of the rights of a citizen to a particular invention. In fact, the process of obtaining a document under study is not so simple. There are several factors to consider in order to bring the idea to life.

Invention Requirements

The fact is that not everything can be acquired an exclusive right. What conditions and requirements must be met? Obtaining a patent for an invention in Russia is possible if the registered object has the following properties:

1. Novelty. It has been repeatedly emphasized that the exclusive right to an invention can be obtained only when the object was previously unknown to anyone.
2. inventive level. What does it mean? It is impossible for an invention to be an obvious (or non-obvious) consequence of logical chains that are known to current technologies. That is, a patent is issued for creative items.
3. Possibility of application in the industry.

These conditions are regulated in the Civil Code of the Russian Federation. They are spelled out in Article 1350. If the conditions are not met, registration and protection of rights to this intellectual property will be denied.

Who has the right

How to make a patent for an invention in Russia? To do this is not so easy. But before preparing documents, as well as drawing them up, you need to find out who generally has the right to apply to the appropriate authorities for paper. In Russia, due to ignorance of this point, various disputes often arise.

The thing is that the legislation secures the right to register a patent for any citizen of the Russian Federation. But only if the above conditions are met. Therefore, many are wondering whether it is possible to obtain a patent for an invention at the age of 15 or earlier. After all, minor children are also citizens of the country.

You can simply answer yes. Only in this case will you need to act on behalf of a legal representative. Parents (one of them) will have to represent the interests of their minor child. Therefore, everyone has the right to obtain a patent for an invention. The main thing is that either the (legal representative) or the inventor himself should apply. The second option is possible after reaching adulthood.

But there are also exceptions. In Russia, there is such a thing as the onset of legal capacity for one reason or another before the age of 18 - at 16. If a citizen has received emancipation, then he must independently draw up documents for a patent already at this age.

Where to go

The next question is where to get a patent for an invention in Russia. This topic is also important. After all, any document is drawn up somewhere. Recently, multifunctional centers and the State Services portal have become popular. So where to go?

This issue is dealt with by a special organization - Rospatent. This is where you need to go if a person wants to register the rights to an invention. You can use the portal "Gosuslugi" to submit a request electronically. But one statement will not be enough. Before submitting an appropriate request, you need to prepare. How exactly? What is required to receive the document being studied today?

Brief instruction

How to get a patent for an invention? Instructions for action does not look too big. Yes, and it is difficult to imagine that in fact the listed items will cause a lot of trouble to a citizen. If you want to register the rights to an invention, you must:

1. Create a subject of registration (invent something).
2. Collect a package of documents for the implementation of the idea.
3. Submit an application to Rospatent.
4. Pay
5. Pass an examination in Rospatent with the invention.
6. Get a finished document.

Doesn't sound so scary. But these processes will bring a lot of trouble. Pay attention to each item on the list. If you carefully study all of them, you can figure out how to get a patent for an invention in Russia and abroad with minimal losses.

Beginning the process

And now it is necessary to consider the issue under study in as much detail as possible. The thing is that after a citizen invents something, it will be necessary not only to apply to Rospatent with a corresponding application. The person should hold help to make sure that the invention has not been registered by someone else before. Otherwise, a citizen will simply be denied registration of exclusive rights to a particular item.

As soon as the check is over, you can go to Rospatent and apply for registration. There are certain rules that will have to be followed during the preparation of the document. What exactly? They are spelled out in article 1376 of the Civil Code of the Russian Federation.

Documentation

At the moment, in Russia, you can apply for a patent for an invention in accordance with the established rules. What documents will you need to bring to Rospatent? How to get a patent for an invention in Russia? To bring the idea to life, a citizen must present the following package of papers without fail:

1. Statement. It indicates the invention, as well as data about the applicant and his representative (if any). Do not forget to indicate the addresses of the defendants in the case.
2. Description of developments with drawings. It is this moment that can play a cruel joke with the inventor. An incorrect description entails the impossibility of registering the rights to the invention.
3. Essay. This is a brief description of the received item with a description of its work. The essence of the invention is described.
4. Application for a special examination.
5. Citizen's ID. If a person acts under a power of attorney, this document will be required as well.
6. Documents confirming the payment of the state fee.

An application with all documents can be submitted to Rospatent both in person and by mail. At the moment, electronic filing of applications with various authorities is actively practiced in Russia. It is enough to send an application with all copies of documents (scans) to Rospatent's e-mail.

Price

How to get a patent for an invention in Russia? A brief description of all the necessary steps, as well as the documents that will be required from the citizen, are already known. The issuance of a patent is accompanied by the payment of a state fee. This is a mandatory payment that is made during all legally significant transactions. How much will you have to pay in Russia for the implementation of the task in hand?

Here the type of patent plays a role, as well as the number of formulas in the description of developments. Special document cost calculators will help you calculate the exact amount. They can be found on the Rospatent website. But in general, you can focus on the state duties established in Russia:

1. Registration and issuance of a document in the Russian Federation will cost 1650 rubles. And in addition, you will have to pay 250 rubles for each formula. The countdown starts when there are more than 25 formulas in the description.
2. An international patent application will cost the same amount. An additional 250 rubles will have to be paid for each part of the application that has not been verified by international expert bodies.

If a citizen submitted an application, but then wanted to make changes to the description or abstract of the invention, they will also have to pay a state fee. For each item of the formula, you must pay 650 rubles. This is if the examination has not yet begun. If it does, then the changes will cost 2,350 rubles per point.

Expertise

The next important step is expertise. It is produced in several stages. It is possible to single out formal (initial) and substantive examination. In the first case, the collected package of documents is checked, as well as the correctness of filling out the abstract, drawings and technical description with formulas. This process usually takes several months. It is necessary to wait at least 60 days for the results of the check. This is the average duration of a formal examination. As soon as the stage ends, the citizen receives a notification. If errors were made during the collection of documents, they are pointed out. You will need to eliminate inconsistencies, then resubmit the papers for verification. The countdown will resume.

The second case is a substantive test. At this stage, the correctness of the provided package of documents has already been confirmed. A substantive test is the assurance that an invention can actually be patented. It begins at the request of the applicant or developer. This document is provided at any time after applying to Rospatent, but no later than 36 months later. Accordingly, during the examination on the merits, the citizen will receive a conclusion on the possibility of registering the rights to the invention. This process takes about 7 months. Upon its completion, Rospatent sends a notification about the possibility / impossibility of registration. How to get a patent for an invention in Russia? There are only a few simple steps left.

Obtaining a patent

Or rather, just one. This is the receipt of an appropriate document confirming the rights of a citizen to a particular object that he created on his own. This can only be done after an examination. Nothing is required from the citizen - in Rospatent, the employees themselves will carry out the verification.

It remains to wait until the relevant certificate is ready. It is issued upon presentation to a citizen (or authorized person) no later than 4 months from the date of receipt of permission to register a patent right. Of course, if there is a paid state fee.

That's all. Now it’s clear how to get a patent for an invention yourself. This process is very labor intensive. But every citizen of the Russian Federation has a chance to feel like an inventor. The main thing is to prepare properly. And do not expect that the registration of patent rights for this or that invention will happen quickly.

Timing

How to get a patent for an invention in Russia? This process is already clear. It seems nothing difficult if you prepare correctly and learn how to compose. It has already been said that this process requires not only efforts from a citizen, but also patience. After all, obtaining a patent takes a lot of time.

How much exactly? On average, a person in Russia spends approximately 18-20 months to register an exclusive right. This is taking into account the receipt of the relevant certificate upon completion of all checks and payment of the state fee. But sometimes this period increases, occasionally it is shortened by several months.

When deciding to register a patent in Russia, one should prepare for the fact that it will take a long time to communicate with Rospatent. So, it’s clearly not worth counting on a quick implementation of ideas. After all, if during the verification of documents, for example, it turns out that some papers are missing or the technical description is not drawn up correctly, you will have to start everything from the very beginning.

Not on my own

Where can I get a patent for an invention? In Rospatent. This organization is engaged in the preparation of relevant documents. Inventors are not always ready to puzzle themselves with paperwork. Therefore, this responsibility is often entrusted to various private companies. In the patent organization, of which there are not so few, for a certain fee you can get a patent for an invention without any problems.

On average, the cost of such services is in the region of 25-35 thousand rubles. This is subject to all checks and collection of documents. You will have to wait as long as when you apply to Rospatent on your own. The difference is only in the absence of additional waste of time for all the upcoming paperwork.

Applying to patent companies is a popular and effective way to obtain a patent. But it will require serious expenses from the citizen. Sometimes self-appeal to Rospatent is a more suitable option. Now it is clear how to get a patent for an invention (a sample document is provided). In fact, everything is not too difficult with proper and timely preparation. It is not necessary to deal with the process yourself - you can entrust this business to a patent company or ask someone to act as a trustee.