How to patent an idea? How to get a patent for an idea in business or production?
The time of information technology makes a lot of changes in everyday life. First of all, it gave an understanding of the basic principle on which the modern value system is built - nothing in this world is more precious than an idea. The ability of a person to generate fresh concepts, finding his own way and making constructive decisions - today these very postulates are the guarantee of success in the world. Thanks to successful discoveries, many names have become famous. The more popular the idea, the more famous its author will be.
What idea can be patented
No author wants his idea to belong to another just like that. The only way to protect the rights in this case is to obtain an official patent as confirmation of the authorship of the idea. Only in this case, no one else can attack it. To provide such protection, you need to know how to patent an idea.It is a patent that, in addition to moral satisfaction, also gives the right to dispose at its own discretion both the concept and its derivatives: systems and (or) products created thanks to it. In other words, such a patent confirms and protects the copyright and the priority of using the product of intellectual activity.
Idea and invention
If an ingenious thought was born in the head of the inventor, then you should not immediately rush to the notary’s reception. According to the current legislation, only the invention is subject to patenting, and the idea is a kind of epiphany that can be shared with others. The difference between these two concepts is the same as between intention and realization.
Thus, having come up with something important, you must try to formulate your idea in such a way as to be able to apply for a patent for an idea. The thought should be transformed into one of the forms:
- Invention - a product or method that represents a technical solution in any field. Under such a definition may fall a fairly wide range of concepts.
- A utility model is also a technical solution, but with less stringent requirements.
- An industrial design is an object of intellectual rights that relates only to the embodiment of an idea in a material form. It also in this case is about its design, design features and appearance. At the same time, architectural objects and other stationary structures cannot be assigned to this category and therefore do not receive certain legal protection.
It is necessary to take into account such a nuance. It is impossible to patent a regular service, you can get a patent for the way it is provided.
So, when a person creates something new, he must thoroughly figure out how to patent an idea. In other words, it is not the task itself that is to be designed, but its solution. In order to obtain a patent, you need to know that something invented must have such qualities:
- Novelty - no one has ever approached this problem from this side and has not found a similar answer so far. The invention under consideration may advance technology to a completely new level of development.
- Inventive step - in order to patent an idea, it is necessary to surprise the specialists of the relevant field.
- Industrial applicability - the possibility of using the invention in practice, the proposed idea could be embodied in the production process or in agriculture. In other words, first of all, before deciding how to patent an idea, it is necessary to determine what concrete results its implementation will bring.
The listed parameters are in the list of conditions of patentability. There is even a special body that knows how to patent an idea - a state expertise with the authority in determining the degree of compliance with these parameters of inventions for which the relevant applications have been submitted.
How to get a patent for an idea in Russia
Obtaining intellectual property rights occurs in several stages. In order to understand how to apply for a patent for an idea, you need to know these steps:
- Plan of the invention. This document lists all the essential properties of the idea, its signs, methods of use and the effects produced. Each element of the device, their interaction, form and materials should be described in detail.This description is supported by accompanying materials, illustrations, drawings and examples.
- Conduct a patent search for the novelty of the invention. The Commission will not give permission to assign a patent until it thoroughly checks the novelty of the idea and its compliance with the listed characteristics in terms of the invention. Comparison is carried out by parameters that do not depend on the type of invention and the scope of its use. The result is established (or not) the novelty of the idea. Therefore, before submitting the documents, it is better for the author of the idea to conduct such a patent search himself in order to avoid failure in the future. Often, at this stage, the services of a specialist, known as a patent attorney, who is familiar with the relevant legal procedures and knows how to register a patent for an idea, are used.
- Competent application for filing a patent application, which must be submitted in a set of documents (here are the descriptions of the invention, claims, drawings, diagrams and abstract).
When submitting an application, it is necessary to remember that in Russia for obtaining a patent, the corresponding state duty must be paid.
The validity of this document is not counted from the date of issuance of documents, but from the date of filing the above application. There are different validity periods: 25 and 10 years. The longer the term, the more difficult it is to obtain such a document. After the expiration of this period, the patent can be extended, while re-passing certain stages, but somewhat easier and faster.
Patent: to be or not to be?
After the application is submitted and the state duty is paid, the inventor can only wait for the decision of Rospatent, which he will be notified by letter to the address indicated by him. Of course, there are two options for solving this issue: the grant of a patent or a waiver. The first answer involves the state registration of the invention, the issuance of relevant documents and publication in official publications. The second answer provides for a repeated request or withdrawal of the application.
When obtaining a patent that would act in the territory of several states at the same time, it is necessary to apply to the special departments of such countries. In this case, the registration of all necessary documents is carried out only by patent attorneys.At the same time, it is not necessary to turn to foreign, in Russia there are also domestic specialists who are endowed with the same rights as their foreign counterparts. National and regional attorneys are also known.
However, it is necessary to take into account one peculiarity - the filing of an application for an international patent is possible only six months after its filing in Russia.
Summing up the stated material, it should be noted that the procedure for patenting an idea is quite simple. However, the inventor submitting the application must clearly understand that the result of his research must be the only one in the world. Only in this case he will receive a patent.