Modern approach to patent protection

The traditional approach to patent "everything that came up" carries the following negative points:

• high costs for payment of fees and payment of royalties
• risks associated with the disclosure of inventions and technologies in the form of their copying; third-party organizations by making some changes in technical solutions, thereby circumventing patents.

In order to provide reliable patent protection for technical solutions, the following methods are used:
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1. Fan patenting

A series of similar patents for a particular device, method or substance is being compiled. Formulas of inventions differ among themselves in one or several essential features.
The advantage of this method is to ensure broad patent protection.
The disadvantage of this method is the high cost of paying fees and payment of royalties.

2. Umbrella patenting

In patent formulas the maximum number of essential features is concentrated in order to cover all possible options, modifications and prospects for improving the protected object.
The advantage of this method is the low cost of paying fees and paying remuneration, because the maximum number of essential features is concentrated in one patent.
The disadvantage of this method is weakened patent protection. Such patents are easier to circumvent than unscrupulous competitors use.

3. Blocking patenting

Patents are created with a high level of generalization of essential features, aimed at protecting the patent owner of the areas of technology to which he wishes to block access to competitors.
The method is used mainly in the seizure of the market, as one of the ways to protect against competitors.

4. Release patenting

Aimed at circumventing competitors' patents. The essential feature is excluded from the formula of a competing patent, but a new, previously unused one is added.

5. Masking patenting and trap patents

Patents are created aimed at hiding the true nature of patented inventions: patents on objects that disorient competitors with respect to engineering objects being developed, patents on non-existent technical solutions.

6. Parallel patenting of inventions and utility models.

Applications for invention and utility model with identical formulas are submitted simultaneously. This is done in order to avoid the time-consuming procedure of transferring a utility model to an invention. The term for obtaining a patent for a utility model, as a rule, is from several months to a year; the term for obtaining a patent for an invention can be up to 3 years. Therefore, in order not to wait for 3 years, it is convenient to first obtain a patent for a utility model. After receiving a positive decision on the grant of a patent for an invention, the patent for a utility model is canceled.

7. Systematically updated patenting of significant improvements to protected objects

The purpose of such patenting is the improvement of objects for which patents have already been obtained. Actions for their patent protection are carried out systematically.

8. Object Patenting

Used to create inventions for significant components or components of a system, apparatus, machine, etc. At the same time, a patent is received not for the component itself, but for the entire system or machine into which it belongs.

Object patenting is especially important for manufacturing enterprises, for which the main purpose of obtaining a patent is to protect the products of the enterprise, and not someone's new idea. In this case, even if the invention relates to an integral part of the product (device), an application is made for the entire device. First, it is cheaper. Secondly, it is easier to prove the patent purity of the product.

The material was compiled on the basis of the presentation “The use of modern patent technologies in the patenting process” by the head of the patent technical information department of Techpribor O.E. Koteneva