A manufacturing business does not develop without modernization and patenting ideas. Various technical solutions, scientific developments, inventions, and know-how are a significant engine of progress. Often, business representatives do not realize that valuable innovations are present for a patent obtaining. Your creations must be protected. In particular, because of the material benefits that you opportunite obtained from the successful sale of an innovation on the market or transferred to use under a license.
It is possible to protect the results of scientific and technical creativity with the help of legitimizing. So, the applicant receives an official document that confirms the status of the inventor and his exclusive right to the developed innovation.
There are two main reasons why you need a intellectual property and whether you need to file it:
- The owner’s ability to sell technology, industrial property. That is, to monetize the results of mental and inventive labor.
- The ability to prohibit or allow the usage of the solution by third parties. That is, to protect the reputation, to prevent outsiders from making money on their technical solution.
SION’s specialists know how to get a patent for each specific case. We check the subject/decision for patentability and novelty, conduct a patent search, write the formula and prepare patent application for filing, as well as accompanying documentation, and submit it to the responsible authority. Innovation protection is one of the main areas of our activity for over 10 ages. Each of our attorneys specialises in a specific business sector: pharmaceuticals, biotechnology, agricultural chemistry, software, mechanical engineering, etc. This guarantees a high-quality preparation of any requirements.
There are two types of protection forms that guarantee industrial property titles:
- For an invention. It means a device (product), a method or a composition of substances. You have the opportunity to legalize in almost any jurisdiction.
- For a utility model. This is only a technical solution (product). Relevant for Ukraine, Estonia, Russia, Germany, Austria, Spain, Portugal, Hungary, France.
Before contacting the responsible department, it is necessary to establish what to claim for. Based on the criteria of patentability, we will determine whether the subject matter corresponds to an invention or a utility model.
Intellectual property formalizing opportunity the national and conventionally international. According to the Paris Convention for the Protection of Industrial Property, a title of protection gives exclusive opportunities only in the country of registration. You have the opportunity to make the forming valid in economic blocks. For example, the EU (European Patent Organization, 68 states) or countries that have signed the Patent Cooperation Treaty (about 130).
Conditions for granting a patent
The subject matter for protection must meet certain criteria. Only then it will be able to undergo an examination in a patent office. Patentability is the compliance of an industrial property subject with the specified conditions, stipulated by law. An applicant has exercise the right to legalise:
- The invention which is characterized by novelty, has an inventive step and can be applied in practice (in industry, etc.). It must be something previously unknown, realizable and non-obvious.
- The utility model is distinguished by its novelty and industrial applicability.
It is the theoretical industrial applicability that is assessed, not the practical implementation. Although, if there is an implementation, it will have a positive effect on the results of the examination.
Who can get a patent? The inventor (author) himself and his successors, the employer (company). That is, people who have received titles under the law or on the basis of an agreement. The applicant – a natural and legal entity, a citizen of a nation or a foreigner.
For foreign citizens
Foreigners living abroad or in the native of application formalise the rights to their scientific and technical creativity. But exclusively through attorney professionals. This is relevant for our legislation and abroad. The requirement is explained by the complexity of the procedure and other points. For example, the fact that the applicant must have a correspondence address in the jurisdiction where he is registered.
Our specialists will carry out the registration of rights in any country in the world. We have attorneys admitted to practice under the laws of different jurisdictions. The company does not work with intermediary agencies abroad.
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For legal entities
The inventor is exclusively a natural person. But legal entities can also filing. When submitting an application to the responsible authority, there are two separate types of required – for individuals and for companies.
In some cases, it is more profitable to get for an organization:
- for putting on the balance sheet as an intangible asset;
- employ for marketing purposes;
- in the incident of illegal use by outsiders, it is easier to prove the damage caused;
- expenses for registration procedures will be paid by the organization.
Often, an object is registered with an employer if it was invented and modified by a specialist during working hours. But there are subtleties regarding the timing of patenting and other issues. SION’s patent attorneys tell you which option will be justified in a particular situation.
It is logical that the right to industrial property is most often registered in the name of the inventor (individual). There are many advantages here:
- some duty are paid at a lower rate;
- it is easier to sell and transfer rights under agreements of alienation or licensing;
- an individual can receive a reward by providing an item for the use of his own company;
- industrial property protection will not end if the firm is liquidated.
We assist in patenting individuals. Based on practical experience, we advise the best registration option. If in doubt, our attorney advises the advantages and disadvantages of different formation options.
Before contacting to patent office, a detailed description of the subject/technology must be prepared. This data will be disclosed – published after the grant of the patent. That is, they will become available to the general public, although without permission to employ them.
The package of documents that are submitted to the official body is called an application. It includes:
- claim, description and abstract;
- drawings and images (if provided by the description);
- a receipt for the payment of the official fee for filing the appeal.
How the innovation goes through the examination largely depends on the correctness of the documentation. And how fully the holder will then be protected from illegal use of the object. Employees of our firm help you prepare, correctly draw up and submit papers, pay the fees on time, and accompany the appeal to the result.
Before applying to the patent office, which certifies that the subject meets the criteria for patentability, it is necessary to carefully prepare. Our attorneys have many years of experience working with the organization, they know all the subtleties in terms of practice. There are patent offices in every country.
An approximate step-by-step algorithm for registering inventor rights:
- Before starting process, we sign a confidential information non-disclosure agreement (NDA).
- The customer prepares a detailed description based on our questions, that is, submits information for a provisional patent application.
- SION’s attorney studies the primary description in detail and starts a patent search in order to check for analogues. In the process, technical novelty, inventive step, industrial suitability are established. A patentability report having being prepared.
- We prepare documentation (abstract, description), write and submit a patent application to the patent office.
- The Patent Office conducts an examination of the declared materials (formal, qualifying). May request additional materials, clarifications.
- We accompany the registration procedures, conduct work correspondence and provide the requested papers. In case of opposition, we prepare appropriate objections.
- After receiving a positive decision of registration, the application materials are published in the official state register.
- A security document is issued. This is patent.
How long to wait for a patent
The waiting time depends on what type of registration is being considered.
- The procedure for expertise with patent services will take 18-36 months.
- We will be able to formalise a utility model in 3 months. The average term is about 6-9 months.
The term may vary. It is affected by the timely payment of fees, the submission of requested additional informations, etc. The time frame depends on the native.
An important point is the filing date. It establishes the date of patent priority, from which the beginning of the validity of exclusive priorities will be counted, the possibility PCT application filling. And not from the date of the certificate issued. If several applicants claim an innovation, the principle of first filing applies to them. That is, whoever was the first to receive with the patent office will be the holder. Therefore, it is important to go first to protect your creativity and interests.
Objects of patent
Generally speaking, the rules allow registering such technical solutions:
- Devices (computer chip, kitchen gadget, mechanism).
- Methods (processes, technologies).
- Substances (mixtures, cell cultures, formulas, compositions).
- New apply of off-the-shelf and well-known products.
It is not allowed to legalize discoveries, theories, rules and schedules, computer programs, designs and building schemes.
It is possible to transfer the formed object to third parties under a license agreement. They do this for various reasons. For example, an owner may not have enough implementation capacity. Or he is going to employ the experience in one region, and he wants to find licensees for others.
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How to register a method
System, device, technology – all these are patents. There are features:
- The method should be aimed at solving a technical problem. Mathematical, discoveries – this is not it.
- Should be a description of a sequence of actions. Describe the technology for obtaining something, the ratio of the components, the usage of tools.
- A measurable technical result must be provided. For example, an increase in speed or hardness, a decrease in paint consumption. But not an improvement in appearance.
Different countries have their own requirements for methods and technologies. It is possible to register an object as a utility model or invention, the main thing is compliance with the criteria.
New plant are subject to patent protection, they are allowed to be legalized. But you need to meet certain criteria:
- difference (in comparison with other known varieties);
- similarity (characteristic features between all specimens of this variety);
- novelty (this particular variety was not previously sold with the permission of the applicant);
- constancy (characteristics remain stable for several generations);
- suitability for distribution and cultivation in the territory of a particular country.
The following features work:
- Additionally, you get an author’s certificate, the right to a variety and its distribution. The breeder applies personally or through a representative.
- The term of validity of the protection is 35 ages (for trees, bushes, grapes) and 30 years (for the rest).
SION’s qualified specialists help you to obtain a plant patent in any country where this object of patenting is provided.
Pharmaceuticals, animal protection products are also subject to patent protection. This is enshrined in international legislation. Protection forms are issued not only for the composition of the drug, but also for the process of obtaining substances. The registration process is multi-stage, its strategy and tactics are developed separately for each case.
There is also a peculiarity: between the development of the formula and the actual release of the drug on the market, it takes 5-12 ages. Therefore, there is a procedure for extending protection for another 5. According to EU legislation, a patent has been extended for 5 ages for drug composition, thus protection can be carried out for 25 years. Our lawyers will develop a strategy for the registration of the drug and will help to ensure that it gets into production faster.
Mobile application patent
Naturally, developers of Apps for iOS, Android strive to protect the results of hard work and many months of creative. However, the program code and the results of its claim are not a technical solution, but an intellectual one. Subject to copyright protection. That’s what the law says.
Therefore, in most countries, it is impossible to patent Apps for smartphones. But you issue a copyright certificate on them, which is also a reliable protection. The source code (text) of the application is drawn up as a literary object for one or a group of authors, or for a legal entity. We are engaged in such design, which has a lot of practice.
Software rights protection may not be available in all states and not for all algorithms. In many territories, inventions must be of a technical nature and have a specific technical result, in other states there are no such requirements. In the second case, obtaining a software patent is easier. The program cannot be abstract and must be patentable.
If you want to protect your software, we recommend that you consult with our company’s practicing attorneys. We tell you the best option for formalising in a particular nation. In many cases, it makes sense to do not patent registration, but to receive a copyright certificate.
How much does a patent cost
The cost of legalizing includes two components: official pays and attorney honorers. The cost of patent services will depend on the following factors:
- the complexity of the process;
- the amount of documentation that is being prepared for submission;
- the number of jurisdictions where the clearance is carried out;
- registration terms (according to the usual or accelerated procedure).
Before starting cooperation, we will calculate the full cost of services and inform the customer. After that, the price will not change. For convenience, we immediately include duties into the order to quickly pay them as we work on the order.
Patenting Fee Regulation
Each country has an official document called the Regulations on Fees. It stipulates legally significant actions that are carried out with the payment of state fees, as well as the amount of the fees themselves for filing and examination of patent application.
For private applicants, the amount is 5-10 times less. Sizes may increase based on how many independent claims are in the patent claims. In case of non-payment of the annual official fee, the owner is deprived of exclusive titles. We can take over the patent monitoring of the annual renewal of the patent and the payment of the fee in the interests of the customer.
Depends on the type of formalizing and the nation of circulation.
- In most states, a document for an invention is issued for 20 ages. In some cases, it can be extended – say, for a 5-year period.
- Protection for a utility model is valid for 10 years.
Before introducing products to new markets (for example, drugs), it is advisable to check them for patent clearance. That is, to determine whether something similar has been legalized in a particular country, so as not to violate the interests of holders. When the statutory period of 10-20 ages ends, the subject has already been used by everyone, without exception.
SION’s specialists conduct an examination of the patent-purity promotional object for its safe use on the basis of current databases. And:
- We advise on legal protection, the possibility of applying a technical solution.
- We conduct research on how innovation is useful to the market.
- Carry out patent information search.
- Will provide patent services for government registration.
- Prepare documentation on contracts for the disposal of industrial property rights.
- In the event of a negative decision of patent office, an appeal will be filed.
For detailed information and to calculate the cost of a patent, please mail us: firstname.lastname@example.org