Inventions and Utility Models Patenting
RF Civil Code, Part Four, “Chapter 72. Patent Law” shall govern relations arising in connection with legal protection and use of inventions, utility models and industrial designs.
Your technical solution can be protected by an Patent for Invention as well as by a Utility Model Patent.
To obtain a Patent for Invention (the requirements to the patentable subject-matter have been unified almost in all the countries of the world ), the claimed solution has to meet the following criteria: global novelty, inventive step level and industrial applicability.
The pre-patenting procedure includes the following:
- performing a preliminary patent search in order to establish the invention' compliance with the criteria outlined hereinabove and track the closest analogues;
- drafting Claims, Description and Abstract of the invention .
Description of the invention usually contains critical remarks regarding the closest analogues (solutions ensuring a similar technical result ), a list of the advantages of the suggested technical solution and the substantiation of the relevant technical features a combination of which ensures the claimed effect .
Upon receipt of a patent application Examining Officers of the Russian Patent Office carry out the Formal Examination to make sure the formal requirements have been met , and, upon Applicant's request, the Substantive Examination which includes patent. If the requirements outlined in the Patent Act are met, a Patent is granted.
Patenting a Utility Model is a way to protect devices which are expected to meet the requirement of local novelty ( within the territory to be covered by the Patent ) and industrial applicability. Whenever the Russian Patent Office carries out patenting of a Utility Model , the only Formal Examination is carried out . If the requirements set forth in the Patent Act are met , a utility model patent is granted .
Individuals as well as legal entities may be applicants of invention/Utility Model applications. In the course of performing the examination, the number of applicants and individuals may be changed upon their request A patent is issued in the name of the applicants who become patent holders upon the receipt of the Patent .
The Applicants may choose the way the patent should be used, including income distribution, by signing a written agreement.
Where the agreement is not signed, each of the patent holders has the right to use the patented invention in their own economical activity without seeking mutual approval (agreement) of this activity by the other holders.
In this case, however they may dispose of their right for patent (to concede or assign the right to use the invention or Utility Model it to the third parties) only upon consent of the other holders.
