Patenting innovative products
Svetlana Zhuravleva
Deputy Director
SWSU Innovation and business-engineering center
Kursk, 2017
Basic notions
Patenting — a procedure to get a patent for an intellectual property item это
Patent — is an open, clear and unambiguous document
rights, authorship and priority for a certain patented item.
that certifies exclusive
Patents are granted by federal executive authority responsible for intellectual
property protection.
In the Russian Federation this authority is Rospatent
In the USA it is the United States Patent and Trade Mark Office.
International regulation belongs to the
(WIPO)
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World Intellectual Property Organization
Innovation and
business-engineering
center SWSU
Russian documents certifying the title of protection
Patent for an
invention
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Patent for a utility
model
Patent for industrial
design
Certificate
of computer code
registration
Innovation and
business-engineering
center SWSU
Patent for an invention
Patent for an invention
requirements:
is granted if an invention meets three main patentability
 novelty, i.e. is new and not known in the state-of-art;
 level of invention, i.e. is the offered solution does not
directly result from prior art (is non-obvious)
 commercially useful, i.e. can be used in industry,
agriculture or any other productive sphere.
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Innovation and
business-engineering
center SWSU
Patent for an invention
Patent application should consists of the following parts:
 Application
 Description
 Claims
 Abstract
 Drawings (optional)
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Innovation and
business-engineering
center SWSU
Patent for an invention
Patent prosecution:
 Assigning individual number to track the application prosecution stages
 Review of the filed application and formal examination procedure (2 months)
 Study and testing of the technical solution (12 months)
 If there is a need in making corrections, the claimer has to make them within 60 days
 If the examination result is positive, a fee is to be paid soonest
 After the fee is paid the patent gets its individual registration number and is registered
in the special journal (14 days)
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Innovation and
business-engineering
center SWSU
Patent for a utility model
A utility model is either a complete item, like an installation or a set, or a structure
(device).
It can also be a part of a complex mechanism, its element or unit.
Specific features of a utility model:
 it may be just a device
 such technical solution can be used in any sphere
of human life where this invention is applicable
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Innovation and
business-engineering
center SWSU
Patent for a utility model
Application for a utility model should consists of the following parts :
 Application
 Description
 Claims
 Abstract
 Drawings (obligatory)
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Innovation and
business-engineering
center SWSU
Patent for a utility model
Application prosecution :
 Assigning individual number to track the application prosecution stages
 Review of the filed application and formal examination procedure(2 months)
 Study and testing of the technical solution(4 months)
 If there is a need in making corrections, the claimer has to make them within 60 days
 If the examination result is positive, a fee is to be paid soonest
 After the fee is paid the patent gets its individual registration number and is registered
in the special journal (14 days)
9
Innovation and
business-engineering
center SWSU
Patent for industrial design
Industrial design
is related with the look of an object, its design or human
engineering aspects of a commercial item.
Industrial design patentability requirements are its novelty
and originality.
Patents shall not be granted for:
 the solutions limited to the technical function of an item
 architectural objects (with exception of small-size
architectural forms), industrial and waterwork facilities, or
any other permanent structures;
 unshaped items made from liquid, gaseous or any
other loose materials
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Innovation and
business-engineering
center SWSU
Patent for industrial design
Заявка на промышленный образец состоит из следующих частей:
 Application
 Description
 Picture of the item (a drawing or a photo)
 Technical documents (drawings, maps, schemes, etc.)
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Innovation and
business-engineering
center SWSU
Patent for industrial design
Application prosecution :
 Assigning individual number to track the application prosecution stages
 Review of the filed application and formal examination procedure(2 months)
 Essential examination procedure(10 months)
 If there is a need in making corrections, the claimer has to make them within 60 days
 If the examination result is positive, a fee is to be paid soonest
 After the fee is paid the patent gets its individual registration number and is registered
in the special journal (14 days)
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Innovation and
business-engineering
center SWSU
Certificate of computer code registration
Certificate of computer code registration is document that protects only program
listing (text).
Patentability requirement is the program unique text.
The application should consist of the following parts:
 Application
 Materials that can identify the computer program
 Abstract
 Paid fee
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Innovation and
business-engineering
center SWSU
What is protected by a patent?
Exclusive rights – these are the rights that are granted to the patent holder by the
state, and namely; nobody shall have the right to use the patented invention,
utility model or industrial design without appropriate consent of the patent holder,
including such deeds as :
 imports into the Russian Federation,
 production,
 use,
 sale offer,
 sale,
 any other way of putting into civil circulation or storage of a product that
utilizes a patented invention, utility model or industrial design
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Innovation and
business-engineering
center SWSU
International patenting
There is
patent
no
international
If there is a published
national patent, it is not
permitted to get a Eurasian
patent, or a patent of any
other country.
A patent is valid only within
the territory of the country
wherein such patent has
been granted (or a group of
countries on agreement).
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It is possible to get a group
patent only within one year
after the national patent
has been granted.
It is not possible to get a
patent after the start of
commercial sales of an item
that is offered for patenting,
One shall not have the right
to disclose the idea before
the patent application is
filed in another country
Innovation and
business-engineering
center SWSU
International patenting
1st way – filing
simultaneously
national
applications
in
all
saught
countries
2nd way – Convention patenting
3d way – international patenting in regional patenting offices
4th way – filing the application directly to the World Intellectual Property
Organization
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Innovation and
business-engineering
center SWSU
Patenting activities in SWSU
In 2013-2016 over 1600 applications for intellectual property items were filed to get
certificates of protection of the Russian Federation, including:
over 400 patent applications;
over 320 applications for utility models; and
over 450 applications for computer program certificates.
Over 300 are kept in force.
Last year 1300 certificates of protection were received
including:
Over 300 patents for invention;
Over 200 patents for utility models;
Over 300 certificates for computer programs and databases
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Innovation and
business-engineering
center SWSU
Thank you for your attention!
We’re always open for co-operation
Svetlana Zhuravleva
Deputy Director
Innovation and business-engineering center SWSU
[email protected]
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