Let's first define what ideas do patentable.Just the idea is not patented.Under the idea of the invention is taken to mean the finished model, a sample - that can be shown in action or submit for review.
invention - a technical solution (device, substance, cell culture, microbial strain, etc.).If an invention is new (unknown to the prior art), it is subject to legal protection.
It may happen that you yourself came to the opening, and then it turned out that such an invention already exists.It is impossible to patent ideas.This also applies to technical solutions (small inventions), making art and design (industrial design), etc.Everything must be original and have a completely new look.
How to patent the idea of providing services?Unfortunately, here you will also find yourself trapped services as such are not patentable.Even if they had not been provided earlier, and your decision - "know-how".But the situation is not hopeless: you can be patented ways of delivering services.Unless, of course, they are different and have the novelty of the inventive step, which was mentioned above.
main law regulating patents is presented in the fourth part of the Civil Code.And now more about how to get a patent on the idea.
begin with the application in which you must describe the invention with a list of all the essential features (characteristics).For the characteristics of the device, for example, you need to:
- the presence of all components;
- an indication of the relationship between these elements;
- their relative positions;
- form;
- options;
- material;
- the environment in which the device should work.
necessary to describe the structure of the invention (static state) of the device (to tell how it works), to provide drawings (or links to them) with the reference numerals of structural elements and provide an explanation in the charts, comments, Diagrams.
When characteristics of the process are usually used: the action (or a combination of several actions);the order of execution of these actions;conditions under which actions are performed (raw materials, reagents, catalysts, and so forth.);the device (equipment, appliances, tools) strains, cell lines, etc.
This is only a basic list of requirements for the descriptions of patented products.Detailed instructions are given in the regulations of the Federal Service for Patents.
To summarize.Question: how to patent an idea?Answer: to make an application and pay the fee.
As part of the application must be: an application for a patent indicating the author of the invention (the applicant) and his address;a complete description of the invention;essay.
the amount of duty may vary considerably.Much will depend on patent attorneys and their services.This question, do not hesitate, find out in advance from themselves.
Also, wondering how to patent an idea, consider this: if you can pay each year annual fee for maintaining the patent in force?By law, the validity of patents for inventions up to 20 years;Sample industry - 15 years;models - 10 years.
Maybe we should think about how to patent an idea abroad?In this case, you must apply to the Patent Office in the country where you are going to legitimize the idea.Here, again, require attorneys (regional, national, or even local, experienced in patenting abroad).But consider: Russian law allows to apply for patents outside Russia only six months after it was filed with Rospatent.
As you can see, the process is often too complex and expensive.
How to patent patent cheaper?It turns out, it's still possible.Take the trouble of independent preliminary studies to make sure that such ideas still has not been recorded.At least, it does not have to throw away money for nothing.From free sources can use FIPS sites open registries structured lists.
