Useful inventions: features, application

Useful inventions are technical innovations in various fields that relate to a product (device). Let's try to find out the main issues concerning technical innovations.

Legal protection

To begin with, the invention, utility model, industrial design is protected by the state only after the patenting procedure is completed. What are the rules for providing legal support from the state for technical innovations? Only if inventions, useful models have a novelty, one can expect to receive a state certificate of registration of a patent.

What does not apply to inventions

It is possible to obtain a patent for inventions, utility models in the event that the innovation meets certain rules. Scientific discoveries, solutions, mathematical technologies, intellectual activity, as well as computer programs are not inventions. Useful inventions must be reproducible in industrial quantities. The patent is not issued to breeds of animals, plant varieties, microcircuits.

Useful inventions are evaluated by technical specialists, who are attracted by representatives of the patent office.

Procedure for obtaining a patent

Before applying to the organization that deals with the registration of security documents, it is necessary to determine the degree of uniqueness. There are express methods of revealing the uniqueness of useful inventions. If you carry out such a test yourself, there is a high probability of obtaining an unreliable result. In our country, a protective document issued by the Federal Service for Intellectual Property (Rospatent).

Inventions, utility models, industrial designs can be tested for uniqueness by the experts of this organization. After receiving the results of the audit, they will notify the applicant about the advisability of further passing the procedure for obtaining a patent. In the case of a low degree of uniqueness, experts advise the applicant to make adjustments to his invention and only then prepare a package of documents for filing them with the patent office.

What will be required for the registration procedure?

How to get a patent? A useful invention is subject to compulsory registration with a government agency. In order to become the legal owner of the registration certificate, you will have to be patient. There are two ways of submitting documents. If you have enough free time to conduct correspondence with representatives of this organization, you can personally apply to the department, providing a complete package of documents.

Entrepreneurs prefer to use the second method, which implies the conclusion of a preliminary contract with the patent office. The interests of the applicant will be represented by the employee of such an organization.

In addition to the special certificate giving the right to carry out activities related to registration actions, the specialist will represent the applicant's interests in court in the event that Rospatent refuses to register the invention.

Documentation

In order to register their useful inventions in Rospatent, there is a certain algorithm of action. The applicant provides a detailed description of his technical invention, his black and white or color images, submits a registration application, a sample of which can be taken at the state registration office itself. If the technical novelty has several authors, the application specifies each of them.

A copy of the statutory documents is also provided in the registration package if the invention is the result of the company's activities.

After all documents have been accepted by Rospatent, a direct registration procedure begins. It implies a formal examination, which involves checking the uniqueness of the claimed invention (utility model) on a variety of databases.

After its completion, the applicant receives written notification of the results of such an analysis. If the outcome of this stage is positive, the registration actions are continued, substantive examination is carried out. It involves an analysis of the feasibility of the proposed technical novelty. At this stage, the patent office invites technical experts competent in the matter under consideration.

The average duration of such registration actions is 10-14 months from the date of submission of the package of documents. After completing all the examinations, the applicant receives a patent for his technical novelty.

The term of this protection document starts from the moment of registration in the Rospatent of the application package of documents and is twenty years. If the application for a patent extension is not filed in a timely manner, the invention will become public, will be deprived of legal support from the state from fraudsters.

Conclusion

Patenting is developed in European countries. Invented, understanding the importance of this procedure, do not save material resources, solving these issues. Given the high cost of patenting, in Russia such events are not available to all inventors. Many of them do not realize the risk that arises when there is no patent for the model. At any time, competitors can take advantage of their invention, while not bearing any administrative and criminal liability.