How to obtain a patent for an invention or a copyright patent an idea
08 january 2017, 21:28
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What if you fear that your unique design will become the property of competitors and they will use it in addition to your will the Answer is simple its patent.
What design and technology can be protected by patent, copyright and know-how in our country is defined in the Civil code. He distinguishes three types of results of intellectual activities which receive patent protection. This invention, useful models and industrial samples.
Before submitting an application to the Rospatent the Federal service which is in charge of control and supervision in the field of intellectual property, you should decide what you are going to patent an invention utility model or industrial design.
Initially, the wrong choice of object of intellectual property can negate all your efforts. As an invention can be patented technical solutions related to new devices, substances, and up to strains of microorganisms. It can be new devices drug new varieties of food.
A patent for an invention is granted only if the decision meets the condition of inventive step not obvious to technical experts and is industrially applicable. A patent for an invention can only be obtained in such solutions in which the objective is achieved technical result. For example to get a patent on a scientific theory and a new mathematical method will fail. Utility models have a lot in common with the inventions. They are also guided by the Civil code as the results of human creativity which is a solution of the problem and are embodied in the objects of the device product with the physical structure.
Experts in patent law on its side there are several significant differences between inventions and models first as utility models are protected only such technical decisions which relate to devices, products and products having the physical structure of the second subject of novelty, as utility models may be registered even such a technical solution which copes with the task is obvious to the specialist. That is, there is no requirement to satisfy the condition of inventive step. The lack of legal protection for a utility model can be called a smaller validity period of exclusive right for 10 years. While the invention has 20 years. On the other hand, the application for a utility model less processing time.
If competitive advantage of your products or services is based primarily on design and not on technical stuffing makes sense to get a patent
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