If you follow the letter of the law, ideas cannot be defended at all. But this, if in the forehead. And if in other ways ?! So, ideas related to science, literature and art are indirectly protected by copyright for their description. And technical ideas can be protected by patenting. But for this they should be finalized to some kind of technical solution. This technical solution must have specific characteristics / features, the use of which gives a certain technical result.
To what extent do you need to develop an idea so that it can be patented ?! Only a technical solution can be patented. The criterion for such a decision is technical features (essential technical features), including their characteristics. Examples of such signs are given in the regulations of Rospatent. For devices (structures, products), these are, for example, structural features and their location. For substances and materials - quantitative and qualitative composition. For methods - the implementation of certain actions on material objects with the help of material means and their sequence. If the modified idea contains such technical features, even in general terms, then you can try to patent it. But patenting is not an easy process.
A patent is a legal document certifying the exclusive use of a given technical solution. The patent is issued by the state federal service "Rospatent" (more precisely, its FIPS subdivision) after the implementation of the state examination. The subject of the examination is to determine the compliance of the proposed technical solution with the conditions (or criteria) of patentability. Compliance with these conditions allows you to determine whether the new patent would violate the legitimate interests of other rightholders and society.
Technical solutions are subdivided into inventions, utility models and industrial designs. These solutions are also called objects of patent law. An invention is a technical solution related to a device, substance or method, a utility model to a device, an industrial design to solutions for the appearance of an industrial or handicraft product.
A technical solution is considered an invention if it meets the following conditions of patentability - industrial applicability, novelty, inventive step. For a utility model, the conditions of industrial applicability and novelty must be observed, for an industrial design - novelty and originality.
To obtain a patent, you need to apply for a patent with the FIPS. All conditions of patentability should be justified in this application. In addition, the application must contain a claim (for an invention and a utility model), which lists all essential features. An application for an industrial design must contain a list of essential features. Naturally, a patent search should be carried out to substantiate the conditions of patentability.
Thus, it is shown that, in principle, a technical idea can be brought to a patent, but this requires a lot of effort. In practice, this is how it is done.
