1. Patenting innovative products
Svetlana Zhuravleva
Deputy Director
SWSU Innovation and business-engineering center
Kursk, 2017

2. Basic notions
Patenting — a procedure to get a patent for an intellectual property item это
Patent — is an open, clear and unambiguous document that certifies exclusive rights, authorship and priority for a certain patented item.
Patents are granted by federal executive authority responsible for intellectual property protection.
In the Russian Federation this authority is Rospatent
In the USA it is  the United States Patent and Trade Mark Office.
International regulation belongs to the  World Intellectual Property Organization (WIPO)
Innovation and
business-engineering
center SWSU

3. Russian documents certifying the title of protection
Patent for an invention
Patent for a utility model
Patent for industrial design
Certificate
of computer code registration
Innovation and
business-engineering
center SWSU

4. Patent for an invention
Patent for an invention is granted if an invention meets three main patentability requirements:
novelty, i.e. is new and not known in the state-of-art;
level of invention, i.e. is the offered solution does not directly result from prior art (is non-obvious)
commercially useful, i.e. can be used in industry, agriculture or any other productive sphere.
About 200 $
for 25 years
Innovation and
business-engineering
center SWSU

5. Patent for an invention
Patent application should consists of the following parts:
Application
Description
Claims
Abstract
Drawings (optional)
Innovation and
business-engineering
center SWSU 5

6. Patent for an invention
Patent prosecution:
Assigning individual number to track the application prosecution stages
Review of the filed application and formal examination procedure (2 months)
Study and testing of the technical solution (12 months)
If there is a need in making corrections, the claimer has to make them within 60 days
If the examination result is positive, a fee is to be paid soonest
After the fee is paid the patent gets its individual registration number and is registered in the special journal (14 days)
Innovation and
business-engineering
center SWSU 6

7. Patent for a utility model
A utility model is either a complete item, like an installation or a set, or a structure (device).
It can also be a part of a complex mechanism, its element or unit.
Specific features of a utility model:
it may be just a device
such technical solution can be used in any sphere of human life where this invention is applicable
About 15 $
for10 years
Innovation and
business-engineering
center SWSU

8. Patent for a utility model
Application for a utility model should consists of the following parts :
Application
Description
Claims
Abstract
Drawings (obligatory)
Innovation and
business-engineering
center SWSU 8

9. Patent for a utility model
Application prosecution :
Assigning individual number to track the application prosecution stages
Review of the filed application and formal examination procedure(2 months)
Study and testing of the technical solution(4 months)
If there is a need in making corrections, the claimer has to make them within 60 days
If the examination result is positive, a fee is to be paid soonest
After the fee is paid the patent gets its individual registration number and is registered in the special journal (14 days)
Innovation and
business-engineering
center SWSU 9

10. Patent for industrial design
Industrial design  is related with the look of an object, its design or human engineering aspects of a commercial item.
Industrial design patentability requirements are its novelty and originality.
Patents shall not be granted for:
the solutions limited to the technical function of an item
architectural objects (with exception of small-size architectural forms), industrial and waterwork facilities, or any other permanent structures;
unshaped items made from liquid, gaseous or any other loose materials
About 100 $
for 5 years
Innovation and
business-engineering
center SWSU 10

11. Patent for industrial design
Заявка на промышленный образец состоит из следующих частей:
Application
Description
Picture of the item (a drawing or a photo)
Technical documents (drawings, maps, schemes, etc.)
Innovation and
business-engineering
center SWSU 11

12. Patent for industrial design
Application prosecution :
Assigning individual number to track the application prosecution stages
Review of the filed application and formal examination procedure(2 months)
Essential examination procedure(10 months)
If there is a need in making corrections, the claimer has to make them within 60 days
If the examination result is positive, a fee is to be paid soonest
After the fee is paid the patent gets its individual registration number and is registered in the special journal (14 days)
Innovation and
business-engineering
center SWSU 12

13. Certificate of computer code registration
Certificate of computer code registration is document that protects only program listing (text).
Patentability requirement is the program unique text.
The application should consist of the following parts:
Application
Materials that can identify the computer program
Abstract
Paid fee
About 50 $
Innovation and
business-engineering
center SWSU 13

14. What is protected by a patent?
Exclusive rights – these are the rights that are granted to the patent holder by the state, and namely; nobody shall have the right to use the patented invention, utility model or industrial design without appropriate consent of the patent holder, including such deeds as :
imports into the Russian Federation,
production,
use,
sale offer,
sale,
any other way of putting into civil circulation or storage of a product that utilizes a patented invention, utility model or industrial design
Innovation and
business-engineering
center SWSU

15. International patenting
There is no international patent
It is possible to get a group patent only within one year after the national patent has been granted.
If there is a published national patent, it is not permitted to get a Eurasian patent, or a patent of any other country.
It is not possible to get a patent after the start of commercial sales of an item that is offered for patenting,
A patent is valid only within the territory of the country wherein such patent has been granted (or a group of countries on agreement).
One shall not have the right to disclose the idea before the patent application is filed in another country
Innovation and
business-engineering
center SWSU

16. International patenting
1st way – filing national applications in all saught countries simultaneously
2nd way – Convention patenting
3d way – international patenting in regional patenting offices
4th way – filing the application directly to the World Intellectual Property Organization
Innovation and
business-engineering
center SWSU

17. Patenting activities in SWSU In the number of filed application
In over 1600 applications for intellectual property items were filed to get certificates of protection of the Russian Federation, including:
over 400 patent applications;
over 320 applications for utility models; and
over 450 applications for computer program certificates.
Over 300 are kept in force.
Last year 1300 certificates of protection were received
including:
Over 300 patents for invention;
Over 200 patents for utility models;
Over 300 certificates for computer programs and databases
SWSU- a 2016 leader
In the number of filed application
Innovation and
business-engineering
center SWSU

18. Thank you for your attention! We’re always open for co-operation
Svetlana Zhuravleva
Deputy Director
Innovation and business-engineering center SWSU