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What may be protected as invention

Protection may be granted to inventions of any field that comply with three patentability requirements.

Invention  is a technical solution applied in any field. The following may be considered an invention – a product (in particular a device, a substance, strains of microorganisms, cell culture of plants or animals) or a method (process of realization of operations on material objects with use of material means), or a specific application of the product or the method.

Patentability requirements

Along with the novelty examination considers inventive art expressed in the claimed technical solution. It means that the invention expresses an inventive step because it can not be absolutely evident to the skilled person from the prior art. Prior art for the invention includes any facts that were publicly available before the priority date.

An important and essential requirement is novelty. Invention appears to meet this requirement when up the priority date it was not disclosed in any part of the world. According to the concept of world-wide novelty set forth by the Russian Civil Code any facts publicly available before the priority date destroy novelty and thus hinder patent registration. When there are no facts discovered on the analogous technical solution either in patents or in articles or reports or any other sources of information it is regarded as novel. Nevertheless when a new development is exhibited or discloses in any other public source of information it may not bar patent registration if the application is submitted with the patent office within 6 months since the information becomes available to public.

Examination of the inventive step goes through the following stages.

Inventive step


When there are no coinciding features or the coincidences revealed have no affect on the technical result this requirement is considered fulfilled and the patenting is accessible.

One more ground criterion of patentability is industrial applicability. Invention is considered industrially applicable when its use in industry or agriculture or medicine or other social and economic areas is possible and proved. Thus patent application should define purposes of the invention.

 
What allows patent search
  • Search is helpful for estimation of uniqueness of invention.

  • Search reveals peculiarities of the research and new areas of its application.

  • Search singles out competitors operating in adjacent spheres.

  • Search performs selection of analogues of the invention.

  • Search enables deeper analysis of the industry in general.

  • Search determines clearance of the patent.

  • Search aids to find potential purchaser of the invention or licensees.

Objects of the invention

The following objects may be protected with invention patents:

  • apparatus – set of interconnected parts and mechanisms forming a functional and constructive unity;
  • method;
  • application of known apparatus, methods, and substances with a new purpose;
  • strains of microorganisms;
  • substance.

Non-patentable are:

  • ideas;
  • facts;
  • natural phenomena;
  • methods and processes that do not fit under determination of method set forth by legal acts;
  • methods for biological production of living organisms (except microorganisms);
  • algorithms, methods, and rules for games, mathematical methods; methods of mental processes;
  • scientific theories and discoveries.

How to receive a patent on invention

Grant of patent on invention is obtained via filing of a patent application with the patent office. The invention will be registered when it is properly drafted, submitted and complies with all patentability requirements. Upon filing the application goes through two stages of official examination – formal examination to check formal requirements and substantial examination to analyze patentability. Patent is granted upon positive completion of substantial examination.

Patent life period

Invention patent is granted for 20 years. This period may be extended by not more than 5 years for pharmaceuticals, pesticides, herbicides. The patent needs to be annually maintained via payment of official fees.

Patent search

Patenting procedures have to start with analyses of the current technical art as a complete set of known technical solutions and methods – in other words with the Patent Search. The patent search may be extremely useful since it reveals not only what is already patented or openly published. It describes general market trends, dominating areas and loads of essential information.

Peculiarities of utility model patent in RU

Utility model – is a technical solution presented in form of a device. Patentability requirement for utility models are less rigorous, terms of examination - shorter, examination procedures - simplified. Determining conditions for utility model patentability are novelty and industrial applicability. The life period of utility model patent is 10 years with no extension available.

patentability req ut

Protection in countries of Eurasian Convention

Eurasian Patent Organization operates sine 1995 and covers 8 countries. Eurasian patent allows to obtain protection for invention in all country - members of the patent convention.

Country- members of the Eurasian Patent ConventionInventions and utility models

Azerbaijan
Armenia
Belorussia
Kazakhstan
Kirgizstan
Russia
Tajikistan
Turkmenistan

Eight countries – one patent

It is Applicant’s choice whether to seek protection of the invention via national phases in each country separately or enjoy the procedure of obtaining single Eurasian patent for all eight countries at a time.

The life period of Eurasian Patent

Eurasian patent is valid for 20 years from the filing date.

How to file Eurasian application

For the Russian applicants Eurasian application should be filed with the Federal service of intellectual property (Rospatent) where it is analyzed from the point of view of state secret information. Legislation allows to register inventions created in Russian Federation without obligatory filing of application with Federal service on intellectual property but by the way of filing of Eurasian application via Federal service on intellectual property.

Should this requirement be unfulfilled with application being filed directly with Eurasian  patent office it resends Eurasian application filed to the national patent office and informs the applicant.

Eurasian application may be filed according PCT system – if this is the case initial procedures are regulated by PCT Rules (international phase) while regional phase of the application is conducted in view of Rules of Eurasian Patent Office.

Eurasian application

Eurasian application should include: application request, specification, claims, drawings, other materials defining essence of invention, abstract.

Registration procedures in EAPO

Conditionally the registration procedures in EAPO may be divided into two stages. One is to establish filing date of the Eurasian application, complete formal examination, conduct search, to perform publication. The other starts with substantial examination and is finalized by grant of patent.

Formal examination checks proper submission of application materials and their compliance with formal requirements.

Upon completion of formal examination the application goes through patent search with results being forwarded to the Applicant. These procedures end in publication of the application along with the search report upon expiration of 18 months since filing of the application or from the priority date claimed or earlier than the given term with payment of office fees.

Substantial examination is requested at the moment of filing of the application with Eurasian patent office. It takes into account the analogues discovered in scopes of patent search. An average term of consideration of the application in Eurasian Patent Office is 12-18 months.

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