The objects of intellectual property concerns not only the author's invention of the device, but a utility model, since its development was applied human intellectual activity.In other words, if there was a change device, mechanism, where the transition to the next level is not so clearly defined.The patent for utility model - a legal form of protection provided by the state on technical solutions that are ingenious levels.
criteria
patenting a utility model patent is issued when the device meets the requirements of novelty, and it is possible to apply it in industrial production. In addition, a small invention must meet the standards of morality and humanity.With regard to the criteria of novelty, the action performed by the utility model does not have to be known in the field of technological development.Industrial Applicability It will be considered when there is an opportunity to apply in industry, medicine, agriculture and other sectors of the economy or in the social sector.
What can not be patented?
Legal protection of the state of the utility model does not apply in such cases:
- if this method or technique on the techniques and procedures;
- to change the overall appearance of the product;
- on the topology of integrated circuits.
How to get a patent
to license the exclusive rights to their own physical, legal person or group of persons need to contact the relevant organization.At the moment, these issues are resolved at the Federal Institute of Industrial Property.After registration of the application is examined.According to the Commission, the decision and issued a patent for utility model, which can be received only after six months.
addition to the applicant in the application developer can specify the technical solution which has the right to receive remuneration from the patent owner. not considered a violation of the law if applicant and the author is the same person.
For how long can get a patent for a utility model?
On the basis of a formal examination issued protected documents of the state sample, which is valid for 10 years from the date of filing of the application in FIPS.Upon expiry of the patent can be extended to 3 years.As soon as the valid period of exclusive rights, the development becomes property of the state.
What is the difference
to small invention does not impose specific requirements of inventive step.This implies the recognition of any device, it is known in scientific circles, but never officially registered and described above, and therefore satisfies the condition of novelty.All the other criteria, the structure and preparation of application are the same as in the invention.
In addition, patents will cost 1.5 times more than for a utility model, and to receive it will take more time - from 1.5 to 2 years.There is another flaw of patent law.The utility model has a stronger legal protection.It is impossible to cancel (unlike inventions).
