According to Russian legislation, it is possible to obtain a patent (state registration) for an invention or utility model. Both options have their own advantages and disadvantages. Registration of a utility model takes about six months, but is applicable only for new technical solutions in the field of devices and mechanisms. In addition, an application for a utility model does not pass the state examination for novelty, therefore, it can be easily protested by other interested parties. Registration of an invention can be applied to devices and methods, it lasts about one and a half years, as it undergoes a complex verification. A patent for an invention is a more secure document. At the stage of consideration, it is possible to convert the application for a utility model into an application for an invention and vice versa.
It is necessary
documents describing the essence of the invention
Instructions
Step 1
Initially, it is necessary to check the invention for inventive step, novelty and industrial applicability. This is done by searching among the already registered inventions, identifying possible analogs. The official database can be found here: https://www1.fips.ru/wps/wcm/connect/content_ru/ru/inventions_utility_mod… If during the inspection it turns out that the invention does not meet the necessary criteria, then there is no point in paying the state fee and submitting an application, since registration will be refused
Step 2
Prepare a brief description of the invention, its claims, drawings (if needed) and an abstract with a full description. All of the above is a necessary annex to a patent application. The documents must be executed in accordance with the Rules for the preparation, filing and consideration of an application for the grant of a patent for an invention.
Step 3
Pay the state fee for filing an application. Its size, as well as the size and purpose of other required duties (see further points) can be found here
Step 4
After paying the fees, you can apply to the Federal Institute of Industrial Property (FIPS). Within two months from the date of receipt of the application, a formal examination is carried out for compliance of the application with the rules. If inconsistencies are identified, the applicant will be asked to correct them. After passing the formal examination, you need to submit an application for a substantive examination and pay the appropriate state fee.
Step 5
Within 12 months from the date of notification of the satisfaction of the request for examination on the merits, you will be sent a decision, notification or additional request to clarify the details and documentation of the invention. You must respond to the request no later than 2 months after its receipt. After clarification of all the details, within two months, a decision is made to register the invention and grant a patent or a reasoned refusal. In case of a positive decision, you pay the state fee for registration and issuance of a patent.
