Inventions and utility models

Patent on invention

Patent on utility model

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Inventions

The Russian Federation legally protects as an invention any technical solution in any field that relates to the product (in particular, a device, a substance, a microbial strain, cell culture of plants or animals), or to the method (implementation process for actions with a material object via material means), including using the product or the method for particular purpose (Article 1350 of the Civil Code of the Russian Federation).

An invention may be granted legal protection, if it corresponds to the following patentability requirments:

  • novelty: the invention is new and unknown from the state of art;
  • inventive step: those skilled in the art cannot explicitly derive it from the state of the art;
  • industrial application: the invention may be used in industry, agriculture, healthcare, other fields of economic activity and in social sphere.

State of the art for an invention includes any information that became publicly available before the priority date of the invention.

According to the legislation of the Russian Federation, the following is not inventions: discoveries, scientific theories and mathematical methods, solutions related only to visual appearance of items that are only to satisfy aesthetic needs, rules and methods of games, intellectual and household activities, computing device software, solutions that only provide information.

The exclusive right to an invention is recognized and protected only in case of patent application on invention, based on which the Federal Service for Intellectual Property (Rospatent) issues the patent for the invention.

The validity period of a patent for an invention is twenty years after the patent application submission with the Federal Institute of Industrial Property (FIPS). This validity period may be prolonged in particular cases, as explicitly stated by law (pharma patent).

Obtaining a patent for an invention in the Russian Federation takes around 1.5 – 2 years and it includes two stages: formal examination and substantive examination.

 

Utility models

The Russian Federation legally protects as an utility model any technical solution that relates to the devices (Article 1351 of the Civil Code of the Russian Federation).

An utility model may be granted legal protection, if it corresponds to the following patentability requirments:

  • novelty: the invention is new and unknown from the state of art;
  • industrial application: the invention may be used in industry, agriculture, healthcare, other fields of economic activity and in social sphere.

he validity period of a patent for an utility model is 10 years after the patent application submission with the Federal Institute of Industrial Property (FIPS). This validity period may be prolonged for 3 years.

Obtaining a patent for an utility model in the Russian Federation takes around 6 months and it includes two stages: formal examination and substantive examination (from 1st october 2o14).

Neva-Patent Ltd. provides all patent prosecution and maintaining services.