Likbez on patents. part 5

Hello, dear.



As someone probably noticed, I briefly disappeared from the air. The reason is work, elections, spring ... Nevertheless, we will, gradually, continue to educate on patent law in general and in the Russian Federation in particular. Today we will talk about the procedure for obtaining a patent.



So, you invented something and decided to get a patent. The first thought is to run into the arms of some attorney. The idea is, in general, reasonable, but incorrect. As practice shows, these guys, especially in the provinces, suffer from an acute form of financial insufficiency, so they will agree to help patent anything, even if it is completely inappropriate. Nevertheless, they know all the nuances of the application, and they, back, have experience, so contact or not contact the attorney, let everyone decide for himself.

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By the way, there is one nuance: if you are a non-resident, then you can get a patent ONLY through an attorney certified in the jurisdiction you need, and the fees will be more than five times. In principle, it is only for this (for granting patents to non-residents) that attorneys are, by and large, necessary, and a citizen of the Russian Federation can do everything on his own, or through a representative, which will be discussed further.



In order to obtain a patent, you must apply. All the nuances of filing and processing an application by the FIPS are reflected in the administrative regulations. Here, for example, the administrative regulations for inventions , but for utility models . These documents are comprehensive: they describe everything in detail, right down to the width of the fields in the documents. Well, all this is quite large in size. Naturally, I will not even try to describe them fully, I will try only to snatch some more or less significant moments.



So, bid. The application must contain a statement, description of the invention, formula, abstract, and additional materials if necessary (drawings, drawings, photographs, etc.). The application form is in the annex to the administrative regulations, I have already told you about the description and abstract, I’ll dwell on the formula. Since the formula is, without exaggeration, the most important section of the patent: it is within the scope specified by the invention that the legal protection is granted. It is important. I shall focus on this: neither the abstract, nor the description, nor even the drawings have any legal significance and serve only to disclose the invention.



The formula is a set of points in which the essence of the invention is fully expressed: all its essential features are described, the presence of which affects the achievement of the technical result indicated in the description. The formula is single-link and multi-link. With a single link, everything is clear - there is one point. There are several items in the multi-link system, and each item can be either dependent or independent. People close to IT will be the easiest to understand the metaphor of a wooden tree, and there are no others on Habré, so let's go further. Dependent claims are used to describe variations of the invention, and independent ones to describe a group of related inventions. By the way, keep in mind that the amount of the claims depends on the size of fees.



A clause consists of a restrictive and distinctive part: in a restrictive part, the properties are common with the prototype, and in the distinctive part, what distinguishes it from the prototype and its analogues. In the text of the claim, the restrictive and distinctive parts are usually separated by the words “different in that,” and the dependent claims may not even have a restrictive part.



So, you have prepared an application, paid the registration fee for the application and sent the materials to FIPS. Application received and registered. All - you can assume that you have a priority and tell everyone what a cool thing they have invented. Even if the application does not pass a formal examination, you will not respond to requests from the FIPS and the application will be recognized as withdrawn, then you can always submit an application for recognition of the priority date for this application. The term of formal examination is 2 months. Suppose, after several requests, you have adjusted the application and it has passed a formal examination, then it must undergo a substantive examination. Decisions on the substantive examination of FIPS have been waiting for you for three years, and all this time nobody is interested in what is written in your application, although there is an interplanetary pedal spaceship ... This is what the patent pending is usually called, what the copyright holder as if tells us that he filed an application, and as soon as he received a patent (which, by the way, is not a fact), it is here that he will tell Kuzma's mother.



But this concerns only inventions, with utility models everything is much simpler, there the formal examination and examination are essentially merged into one and last, EMNIP 2 months.



As to the general terms, speculatively, you will spend about a year and a half to obtain a patent for an invention, and about half a year in the case of a utility model. But then knowing comrades let me, if anything, correct.



Finally, references to the FIPSovskie flowcharts for obtaining a patent for an invention and a useful model , about which I still have not understood why they do not lie on the site’s pictures, and also why there are no deadlines in them.



Well, links to previous parts of educational program: 1 , 2 , 3 , 4 .