How can you patent a business idea in Russia for free?

Identification of goods by appearance and information on the packaging indicates the presence of distinctive features in this category, therefore, packaging can serve as a means of individualizing goods . The same features are inherent in other marketing tools - labels, tags, tags, etc. Therefore, different types of packaging or labels can be registered as trademarks.

The development of packaging layouts and label design is often carried out by designers and artists, and therefore is the result of creativity. The created items are novel, original, have the appearance of a finished product and can be protected as industrial designs.

The choice of type of protection remains with the manufacturer. This choice depends on the characteristics of the packaging and label, as well as the creativity and value of their creation.

Why is this necessary?

Chapter 72 of the Civil Code of the Russian Federation characterizes the concept of patent law. According to the law, it is impossible to simply register your arguments and thoughts. They must be precisely worked out, completed, and supported by facts .

Obtaining a patent for something conceived gives the author several advantages, first of all, protection from plagiarism. Along with registration, the author acquires a copyright or exclusive right, which will help protect the idea or rights to it in the event of theft by competitors.

Copyright is not a patent.

An entrepreneur working with patented inventions can choose a special taxation system when registering an individual entrepreneur, and this is also a plus. Such a system is rare in Russia, but it gives many benefits - it exempts you from paying a number of tax payments.

The use of a patent can also be aimed at making a profit. You can sell your idea to an interested party for a fairly large sum of money. You can sell not the entire patent, but the license to use it.

The use of such a document can also be aimed at providing a bank guarantee or simply collateral when applying for a loan. As a rule, banks in most cases accept and approve such applications.

What ideas do not need to be patented in Russia

Before you start collecting documents to obtain a patent, you need to understand the object: not all ideas in Russia need to be patented. Let's say there is no need to register or patent ideas that have become works of art. The same can be said about some ideas in the fields of technology and business. This does not mean that they cannot be protected: there are other options for protecting exclusive rights that provide additional guarantees.

Works of art can be protected by copyright. Authors are vested with exclusive rights, rights of authorship, rights to a name, the right to inviolability of a work, the right to publish a work and other rights (Article 1255 of the Civil Code of the Russian Federation) after the work has been created. An exclusive right is the right to use the results of creativity at one’s discretion in any legal way; the author can dispose of his creation, allow use by third parties or hinder this process (Article 1229 of the Civil Code of the Russian Federation).

Any manipulations associated with the use of works of art (their performance, broadcast in the media), as well as works in the public domain, are protected in Russia by related rights (Article 1303 of the Civil Code of the Russian Federation). Related rights are exercised in compliance with copyrights, acting independently of them, and combine exclusive rights and personal non-property rights (Article 1303 of the Civil Code of the Russian Federation).

The same group of objects includes computer programs (computer programs) and databases. In Russia, they can be protected by copyright and related rights, they can be registered (Article 1262 of the Civil Code of the Russian Federation), if the author so wishes. To register, an application is submitted to FIPS, in conclusion a certificate of state registration is issued, and the information is entered into the register of computer programs or the register of databases.

Ideas for business usually take the form of know-how (trade secret) - this is any information unknown to others and of commercial value (Article 1465 of the Civil Code of the Russian Federation). There are no specific measures to protect know-how in Russia; it is enough to simply keep it secret.

What can you register?

It is impossible to patent an idea as such. To obtain such a document , it must have a material expression . But not all the author’s ideas can be protected by a patent. Some of them simply do not require this procedure, but the law still protects them. Such developments include works of art - they are protected by copyright; computer programs and databases can be protected either by copyright or, if the owner wishes, by patent.

The commercial designation is in permanent public access and does not require additional protection. This list also includes unique business ideas. The main method of protecting them remains trade secrets.

Obtaining a patent in Russia applies to industrial designs, utility models and inventions.

For all these objects, such indicators as novelty and originality are important and integral. Novelty for an object is characteristic if it was not known before. All objects relate to technological solutions:

• Industrial designs are a set of shapes, structures, configurations, colors and other design solutions applicable to an object.
• Utility models are characterized by their independence from a certain type of human activity. Such objects can be characterized as “small inventions”.
• Inventions are technologies developed in any field of human activity. They can be attributed both to the finished product, and to the production method or process, or to the manipulation of the object. Protection of the rights of an inventor can only be applied if his invention can subsequently be used in industrial production.

Inventions undergo a more thorough examination, during which they are assigned an inventive step. Any information obtained prior to the filing date of the patent application regarding this subject matter may affect the level assessment.

Rights protection does not apply to inventions related to human cloning and other methods of genetic modification of the human body.

If you are interested in the difference between an agreement and a contract, read this material. Read about what documents are needed to open an LLC in 2020 here.

Obtain a patent for a product: how to make it, how much does it cost?

Why patent products?

If you want to use your product in various industries on a commercial basis, make a profit from use or rent to partners, then you will need firm guarantees.
First of all, these are guarantees that:

• your product will not be copied or reproduced; • the principle of its operation will not be used to create its own analogue; • a recognizable design or a successful ergonomic solution is used for third-party products;

In today's fiercely competitive environment, all products important to your business, their operating principles and design must have a document of protection - a patent. This will prevent many problems associated with unfair competition in the market, or at least receive appropriate compensation.

How to make a patent for a product?

It should be noted that there is no such category as “product” in the law. However, it is understood as a created object, which, according to its characteristics, may meet the criteria for patentability. Based on this, a patent for a product can be issued as:

• Invention – both the device as a whole and the principle that is implemented in the product. • Utility model (small invention) – as an original solution, technical innovation or rationalization. • Industrial design – as a unique, recognizable and ergonomic design.

This is important to know!

Remember, you can receive several patents for one device at once. For example, a patent for an invention protects the principle of its operation, while an industrial design protects the design. This is a popular global practice that allows you to most effectively protect all components of your device, leaving no loopholes for competitors. However, this will require additional effort, time and financial costs.

It is these categories that provide exclusive rights to owners and have the broadest prospects for use in business. However, the requirements and design features of each patent are slightly different. Before making a decision on registration, it is advisable to consult with a specialist and conduct a preliminary examination. Its results can not only help to make the necessary adjustments to the application in a timely manner, but also indicate possible risks.

Product as an invention or utility model

If you want to patent your product as a new principle or way of working, a rationalization of an existing concept, you need an invention or utility model.

Remember:

Having received a title of protection, a patent for the production of products, you will be able to enter into a licensing agreement with partners. Thus, it will become possible to regulate not only the reproduction, but also the use of the object.

The invention provides the longest period of protection and the widest possibilities, but its patentability criteria are quite strict:

• Novelty – complete uniqueness of the product compared to other objects in the specified area. • Inventive step is the characteristics of the claimed object, which indicate that the principle of its operation does not explicitly proceed from the level of development of science and technology, and is not exclusively a technological improvement. • Industrial applicability – possibility of practical use in industry and economic sectors.

A utility model has more lenient requirements, is registered faster and cheaper, and there is no need to analyze the inventive step. It is worth considering that its validity period is significantly shorter than that of a complete invention (10 years from filing the application).

Product as an industrial design

If you want to protect the appearance and ergonomic characteristics, then you need to obtain a product design patent (i.e. an industrial design). It applies to all visual characteristics specified and described in the application: design, packaging, fonts, label, etc. To do this, you must provide Rospatent with a complete description and graphic image of your object for appropriate examination. In turn, Rospatent pays attention to the following criteria: originality and novelty.

As for inventions, the application is sent to the subordinate organization of Rospatent - FIPS, where the appropriate examination is carried out. The validity period of such a patent is 5 years from the date of filing the application.

Product patent cost

One of the most popular questions is: “how much does a product patent cost?” The price of registration usually depends on the nature of your object, the correctness of the application and complexity. However, it is possible to clearly distinguish the order of prices from the calculation of state duty.

Attention! The prices listed below are the minimum costs and fees charged by Rospatent. In our experience, the actual costs and fees paid are significantly higher, based on the characteristics of the specific registered object. A complete list of state duties can be found on the FIPS website (https://www1.fips.ru/wps/wcm/connect/content_ru/ru/poshl_s/table17)

• Invention - from 8,000 rubles, which includes: o application cost - 3,300 rubles, and can increase for each additional point of the formula by another 700 rubles; o carrying out an examination - from 4700 • Utility model - from 3900 rubles: o application cost - 1400 rubles, where each additional point in the formula increases the price by 700 rubles. o carrying out an examination – 2500 rub. • Industrial design – from 3350 rubles, which includes: o cost – from 1700 rubles, if the object is complex and consists of several samples, then an additional 700 rubles. for each sample included in the object o examination - 3000 rubles. and an additional 2500 for each sample included in a group over 1.

You should know it!

If you apply electronically, you save 30% on all fees. To do this, the applicant must have an electronic signature.

In addition to the above costs, FIPS may charge additional fees for “legally significant actions.” This includes all steps for publication, additional examination, petition, amendments, etc.

Obtaining a patent for a product: main stages

To obtain a title of protection and enter all the necessary information into the State Register, you must go through the registration procedure. All this can be divided into the following stages:

Preliminary stage:

• creation of all necessary documentation and description of your product as an invention, industrial design or utility model; • preliminary examination and making adjustments • preparation and collection of documents, filing an application

It is at this stage that your application for registration is formed and your object is described. It is at this stage that the assistance of a qualified specialist and a patent attorney, preliminary examination, is necessary. By preparing in advance, it is possible to avoid additional requests from Rospatent at the next stages, avoid the most common errors in registration, and receive an expert assessment according to Rospatent criteria before the official registration procedure.

Submission and consideration of an application:

• direct submission of documents and materials to FIPS; • formal examination for compliance with all bureaucratic and formal requirements (checking the availability of necessary documents and compliance of the application structure with formal requirements); • publication in the Rospatent bulletin; At this stage, direct interaction with Rospatent begins, submission of documents, correspondence, prompt response to requests. Examination and decision-making: • conducting a substantive examination (establishing the product’s compliance with all necessary criteria for patentability); • making a decision on registering intellectual property and issuing a document of protection; • entering information into the State Register;

This is the most important and final stage of consideration, where the essence of the product in question is checked. Based on the results of such an examination, a decision is made and appropriate changes are made to the register. All that remains is to receive a document of protection and regularly pay fees for its maintenance.

Krivtsov and partners: your patent attorney

specializes in providing comprehensive legal support in the field of intellectual property. Our staff includes highly qualified consultants and patent attorneys who have many years of experience in practical work and cooperation with Rospatent.

We offer:

• assistance in drawing up a description and abstract for the product, collecting the necessary documents; • conducting a preliminary examination, analyzing risks and weaknesses, drawing up recommendations for the application; • consultations and representation of client interests at all levels; • assistance in international registration;

We undertake:

• submission of documents, correspondence with Rospatent, resolution of all bureaucratic issues; • control and monitoring of the status of the application at all stages, compliance with deadlines and requirements, payment of all necessary fees; • timely informing the client.

How to check if an idea is patented?

In order to protect your actions and prevent the possibility of refusal to grant a patent, you need to accurately determine whether a similar idea or product has already been patented. There are several ways to check for such plans:

• Contact a professional agency or patent office. These services will cost a lot of money, but the result will be detailed information on areas of interest.
• View information on the website of the Federal Institute of Industrial Property FIPS. There is also a package of paid services with an expanded base and a package of free services with limited capabilities.
• View information available to residents of Russia at the European Patent Office.

A large amount of information today is in the public domain, so it would be rational to spend time searching on the Internet. The originality and novelty of the project is checked by Rospatent when submitting an application.

How is examination carried out at Rospatent?

Completing all stages of verification of an invention in a patent organization takes from 1 to 3 months. After checking the completeness and correctness of the package of documents, Rospatent conducts its own examination: the proposed innovation is compared with similar solutions, their originality and novelty are checked. Next, Rospatent makes a decision to issue or refuse to issue a patent. If a positive decision is made, information about the patent is entered into the State Register and the patent is issued to the author of the invention.

Registration of a labor patent for work for foreign citizens. The procedure for carrying out labor activities in Russia by citizens of other states for individuals is regulated by Article 13.3. Federal Law No. 115-FZ of July 25, 2002 “On the legal status of foreign citizens in the Russian Federation.” The right to carry out labor activities to foreign citizens on the territory of the Russian Federation is given on the basis of a patent.

Let us note that such a patent does not give the right to engage in entrepreneurial activity or officially find employment in any organization; for this, a foreign worker will need to obtain a special work permit.

In order to obtain a patent for activities in Russia, citizens of another visa-free state must provide the following documents to the territorial migration service:

• an identity document recognized by the Russian Federation;
• application for a labor patent;
• migration card with a border mark indicating entry into the territory of the Russian Federation;
• a document confirming the payment of a fixed tax in advance for the period of validity (extension) of the patent (to be presented upon receipt of the patent in hand);
• if a labor patent is not issued for the first time, it is necessary to provide information about the types of work performed.

How to write a description?

A correctly written description is a guarantee of obtaining a patent. It should reveal the essence of the idea with a complete description sufficient for a specialist to implement the idea. An application for a patent is drawn up in accordance with the requirements specified in the Civil Code of the Russian Federation.

The characteristics of the device must contain a description of one or more structural elements, the connection between them, their relative position, the geometric shape of the entire device and its elements, and characteristics of materials.

Advantages of the patent tax system

The patent tax system as a type of legally significant action has advantages.

Positive aspects for individual entrepreneurs:

• exemption from taxes on income and property of an individual, value added tax;
• the right to register several patents;
• voluntary transition from the patent system to another type of tax payment;
• the ability to use the labor of hired workers and enter into civil contracts;
• payment for a patent issued for a period of more than 6 months is made in installments.

The entrepreneur is relieved of the obligation to submit income declarations. The cost of a patent is calculated by the tax service.

Procedure for obtaining a patent

This procedure is specified in the Civil Code of the Russian Federation:

1. The first step will be to draw up an application and submit it for consideration to a government agency - the Federal Service for Intellectual Property. The set of documents includes a description and drawings, a claim, an abstract and a corresponding sample statement.
2. Rospatent registers the application and conducts a formal examination of it, during which shortcomings in the preparation of the application and attached documents are identified. The duration of the study is 2 months . To carry out this procedure, the state provides for the payment of a fee. Documentation of payment must be attached along with the application.
3. The next stage in the verification will be the examination of the application. Here the compliance of the patented object with all criteria is checked. A search for similar registered objects is performed. The duration of this process is not regulated by anything, and a state fee is also paid.
4. Afterwards, the patent is registered in databases and issued to the owner. Within 2 weeks after entry into the register and publication, the document is sent to the owner.

You can learn more about this procedure from the following video:

What to do if the product is an invention

So, you were able to create a new principle of operation of the mechanism. In this case, the first step will always be to study information related to the area in which you believe you have made a discovery. You need to find out if your proposed solution has been previously used by other inventors.

To obtain title documents, you must act in accordance with Chapter Four of the Civil Code. You will have to contact Rospatent with a package of documents. You can do this in any of the ways convenient for you:

• through “State Services”;
• personally;
• through a patent representative;
• by sending a registered letter.

First of all, let's figure out what you will need to prepare:

• an abstract describing your invention in detail;
• formula expressing a technical solution;
• short description;
• blueprints;
• application and petition for examination.

The inventor has the right to take advantage of the possibility of conventional priority. To do this, he can file the first application in one of the countries participating in the Paris Convention for the Protection of Industrial Property. In this case, he must submit a copy of the application sent to another state. This document must be notarized.

Before patenting your invention, the applicant will have to pay several fees:

1. After formal examination and registration of the application, you must deposit 1,650 rubles.
2. To carry out the main verification of the proposed invention, you will need to pay 2,450 rubles.
3. After the application is approved, the largest amount must be paid - 3,250 rubles for registration of the invention and issuance of a patent form.

Thus, if the commission’s decision on your invention is positive, you can register your copyright for it for 7,350 rubles.

You won’t be able to quickly patent the technical solution you created. This is a rather long procedure, since it is necessary to determine whether something new has really been created or whether the proposed idea has already been implemented by another person. The timing of the procedure is as follows:

1. Initially, the application will be assigned a ten-digit number, by which its fate can be tracked.
2. Within two months, the prepared documents are checked and a formal examination is carried out, after which the inventor is sent a notification that the product has been sent for the main examination.
3. The technical solution is thoroughly studied and tested throughout the year. At the end of this procedure, the results obtained by the experts are sent to the patent applicant.
4. If any defects are identified, the inventor will have to eliminate them within 60 days.
5. If the research result is positive, the fee must be paid as soon as possible.
6. After depositing the money, the patent receives an individual number and is included in a special ballot. The applicant will learn about this within two weeks.

Other types of products can be patented in a similar way. However, in each case there will be a slight difference in the package of documents and the amount of the fee.

How long does it last?

Patent periods also vary for different ideas:

• inventions – 20 years ;
• industrial designs – 15 years ;
• utility models – 10 years .

The period begins to run from the date of submission of the initial application.
It is also possible to extend the duration of rights protection in some cases. For example, it is allowed to extend the protection of rights to inventions in the production of medicines, agrochemicals and pesticides for a period of no more than 5 years. Conditions for extension are specified in Art. 1363 Civil Code of the Russian Federation.

It is prohibited to extend the validity period of patent rights for utility models from 01/01/2015.

The total cost of the patent will be the sum of the fees, as well as the funds spent on obtaining information. If the application for receipt was made by authorized persons or organizations, then the amount will be much higher.

To maintain patent rights to an idea, the owner must pay annual government fees every year, starting in the third year.

How to patent an idea in Russia in the form of an industrial design or utility model

In Russia, you can patent an idea that is expressed in the form of an artistic and design solution for handicraft or industrial production. That is, it is possible to create a sample that demonstrates an idea about the design of a product. To patent a certain type of design and product, the item must meet certain conditions, such as:

• the novelty of all the main features of the artistic and design product;
• the presence of individual qualities of a creative nature and originality of the product.

To patent an industrial design in Russia, you need to draw up an application according to all the rules and submit it to Rospatent. The next stage is an expert assessment of the product, the result of which directly influences the decision of specialists.

There is a list of products that are not subject to patenting in Russia. These types of industrial designs include:

• liquid, gaseous, granular and other similar objects that do not have a stable shape;
• narrowly focused solutions, where only the functional technical side is clearly expressed;
• all kinds of stationary structures (hydraulic, industrial);
• architectural objects (except for small architectural forms).

Registration may take 20 calendar months. In parallel with filing the application, a fee is paid; its amount is affected by the number of sample options specified in the application.

Patenting a utility model in Russia is easier than patenting an invention, since a utility model is not required to comply with an inventive step. Consequently, as a utility model, it is possible to register a solution that is quite obvious to a specialist in the relevant field, which, however, has not been described by anyone before and has not been widely used.

International patent

You can obtain a patent not only within Russia, but also for international transactions. The assignment of such protection to your idea can be achieved in two ways. The most profitable way is national patenting.

It is impossible to obtain an international patent, the validity of which extends to the territory of any country. An exception is the European and Eurasian documents, which will be valid on the territory of the member countries of these unions. The European patent is valid in 38 countries and can only be granted for inventions. The period for consideration of an application and obtaining an exclusive right to an invention can last from 3 to 5 years. Applications will have to be submitted through attorneys in the government departments of the countries with which cooperation is planned.

The World Intellectual Property Organization, WIPO, accepts applications and carries out the patenting procedure.

The process of assigning exclusive rights to a certain object at the international level does not differ from the process within the country. Today, a new simplified system for filing applications for protection of rights has been developed, which operates within the PCT. Patenting in this way will protect the object in 146 countries.

First, you will need to submit a registration application, which in due time will protect the inventor’s rights to the idea. After filing the first application, 18 months pass, during which the applicant must decide on the list of countries in which he plans to work.

How to pay taxes when a patent is issued

The amount of tax contributions for individual entrepreneurs who have expressed a desire to work for PSN is determined during the patent registration process. Various factors are taken into account when calculating.

The patent system helps ease the tax burden on entrepreneurs. Patent owners do not have to pay:

• Personal income tax (on profit received from activities for which a patent was obtained);
• property tax (if the property is used in the activities provided for by the patent);
• VAT (except for the import of goods and some transactions provided for by the Tax Code of the Russian Federation).

Payment for the patent must be made in full within 25 days if its validity period is less than 6 months. For a longer period, it is possible to split the payment into 2 stages. The deadline for making the last payment is one month after the end of the reporting period. You can pay the fee through your personal account on the website of the fiscal service.

What to do if your design is stolen

Copyrights for any works are protected by law. But quite often there are situations when, without the knowledge of the copyright holder, his design is used by third parties for the purpose of making a profit. In this case, the author's rights are violated in the most flagrant manner. Therefore, he can safely go to court and demand financial compensation for the illegal use of his intellectual activity.

The Civil Code protects the author's rights to his work. If he discovers violations in relation to his intellectual property, he can bring the violator to administrative responsibility and payment of compensation. Its size will depend on the amount of material damage caused to the author for stealing the design and using it for profit.

Article 1252 regulates the issue relating to the protection of copyright in a design or style of decoration. The author may make the following demands:

• on the suppression of any actions relating to the use of design or design style by persons other than the copyright holder;
• on payment of material compensation by the person who appropriated the design and used it for personal purposes;
• on the seizure of existing copies of the design project from third parties.

In order for the author to receive compensation and damages, he must prove the fact of violation of rights. He has the right to demand payments for each case of illegal use by the violator of his intellectual property. The amount of material compensation is determined by the court taking into account the plaintiff’s requirements and other circumstances that do not go beyond reasonable limits.

In the claim, the copyright holder must indicate all the requirements presented to the infringer. This could be not only a monetary payment, but also the transfer to him of all pirated copies containing his author’s project.