In order to be the author of a useful model, it is not enough just to develop it. It is also necessary to patent the model in accordance with the established procedure in the appropriate state body. In this case, we are talking about the Russian Agency for Patents and Trademarks (Rospatent). Fortunately, it is easier to obtain a patent for a utility model than, for example, an invention, although the patent lasts for a shorter period.
Necessary
- - application for the grant of a patent;
- - description of the utility model, its formula, drawings;
- - a receipt for payment of the state duty.
Instructions
Step 1
The issuance of patents in our country is carried out by the Russian Agency for Patents and Trademarks (Rospatent), and the Federal Institute of Industrial Property (FIPS) is involved in the examination of the received documents and declared utility models.
Step 2
After you have invented a utility model, you need to decide on the author (whether he will be one person, or a group of people) and submit an application to Rospatent along with a description of the utility model and a package of related documents. This is the formula of a utility model (by the way, the closest attention is paid to it during the examination), drawings, abstracts, etc.
Step 3
At your request, FIPSom will conduct an examination for the correctness of the paperwork and the usefulness of the model. It should be said that in order to facilitate the obtaining of a patent for a utility model, its verification according to the criteria of novelty and industrial applicability is not carried out. This is due to the desire to facilitate the process of obtaining a patent for a utility model. So do not be surprised if you suddenly see a patent for a utility model that is a well-known device for a long time.
Step 4
After an examination and a positive decision regarding your utility model, you are issued a patent for a period of 10 years (with the possibility of extension for another three years). Such a term for a useful model is prescribed in the legislation. In addition, Rospatent is obliged to enter your model in the state register and publish information about it in its bulletin.
Step 5
It is advisable to use the utility model immediately, otherwise, after three years, if it has not been introduced into the production process without good reason, other persons can use it by a court decision.
Step 6
On average, it takes 6 months to register a patent for a utility model (while for a patent for an invention it takes at least 1.5 years).
