An invention is the product of mental and practical research; it implies a specific technical creativity. So that the results of labor can be implemented and benefitted, they must be an inventions patenting. This is a title of protection that gives the author the right to dispose of his property.
To issue it, you need to contact the responsible authority. There are patent offices in every country. They check if the technical innovation meets the patentability. If so, a title of protection will be issued and the author will receive exclusive credentials. That is, it has the opportunity to use it without fear, give it away under a licensing agreement or sell it.
The invention’s owner is the one who is the first to apply to the IP authority. Unfortunately, the inventor is not always the first, and third parties start earning money for innovation. To protect technical solutions and the results of intellectual work, we recommend timely patenting ideas.
SION’s attorneys help you to apply invention patent in any country in the world. We have been doing this for more than 10 ages and achieve the results that are most useful for the client.
- Advisory whether the solution can be patented.
- Making a full cost estimate before starting.
- We correct, draw up and file an application to avoid rejection.
- Assist in obtaining a legalised invention, reducing the process period.
What is possible to legalize
You have the opportunity to formalise a product, device, method or technology. At the same time, they must meet the criteria of novelty, realizability in practice, be unobvious for specialists in the relevant field, that is, have an appropriate inventive step. We examine the fruit of your scientific and technical research and determine the object for protection. Next, we establish whether the product or method meets the criteria for patentability. And then we advise on how best to register the technical property.
There are many subtleties here. For example:
- Some components of the device are worth patenting as utility models, so the process takes less period and effort. Sometimes it makes sense to file simultaneously to the model and the invention, dividing the object into specific elements of protection.
- In most nations, software is not patentable, but some allow it to be obtained. Our lawyer advises whether the required jurisdiction provides such an opportunity.
- Equipment patenting is a complex process that requires the attorney’s experience in the field of mechanical engineering and other industries. We propose the best protection strategy and help with patenting.
- A service is something created by an employee in the performance of work duties while he was working for the employer. According to the general rule, the owner of such developments must be the employer. Therefore, registration is also on it. However, under certain conditions, it is possible to register jointly or separately for an employee. It is better to formalize these relationships before starting on the development object. Our lawyers help you with this.
You cannot get the legalisation of cloning, discoveries, mathematical rules, theories, inhuman methods, and much more. All these things are not technical innovations or have features that exclude protection.
Inventions patenting process
A distinction should be made between the author and the recipient of the applicant. Only individuals can act as the first. And legal entities are also allowed to apply. The documentation indicates the author and the recipient of the document, they may differ or be the same. At the same time, it is important to understand that the applicant for an application, after receiving the legalization, becomes the owner, that is, profit from the implementation and use of the technical development.
The registration procedure for most countries is similar, it implies the same stages. The process patenting as follows:
- Communication with the applicant, goal setting, conclusion of a contract for representing interests.
- Preliminary search – patent search. Helps to establish whether the object meets the criteria of patentability, to find analogues. Obtain an opinion on the possibility of obtaining protection.
- Elaboration of documentation in accordance with the requirements and rules of the IP office. Drawing up a description (reveals the essence), an abstract (summary), a formula (listing important features of an object), preparation of drawings.
- Application submission, paperwork. At this stage, a formal examination (verification of documents) and a substantive examination (analysis of a technical solution) are carried out.
- Payment of fees, obtaining a patent.
- Renewal a legalize, protecting against infringers.
After that, the patentee receives the right to own, use, dispose of and get revenue. He has opportunities to grant a license for an invention to a third party – to give the opportunity to use or reproduce an innovation invented by him. A license is issued in a specific territory for a specified date. Our experts help you draw up a license agreement in the interests of the holder.
Costs vary greatly from country to other. How much is paid for the formalization in the US is incomparable with the price of a Ukrainian registration, for example. The cost is determined by such factors:
- the complexity and nature of the patentable solution;
- number of claims;
- to whom the object is registered (individual / legal entity, small / large enterprise);
- government paies and charges for filing an application, publishing and issuing a document;
- the presence of objections from the responsible body in the course of the examination;
- attorney`s honorars.
We calculate the cost of the application, consider the paies for a specific territory and the price of our agency’s services. To miscalculate, please fill out the brief and send us: email@example.com. We have representatives in many nations. Therefore, SION clients do not pay for intermediary services and translation of documents. The latter are drawn up immediately in the language of the jurisdiction.
Inventions patenting duties
Official paise are charged for the services of the IP office, which checks documents and examinations. In every country, their size is established by the Regulation of Fees. In some countries, fees for legal entities differ from those for individuals.
For individuals, the size is 5 times smaller. For the US, the full package of registration fees is USD 1,280 for a small business and 100% more for a large one. For Russia, the same package cost at least RUB 17,800.
There are annual duties and commissions for additional actions. For example, for transferring an international application to the national phase, expedited consideration and publication, supplemented the formula with one more paragraph, extending the deadline for submitting materials.
When filling out and submitting an electronic application, many nations provide a discount on government fees. For example, in UK it is 20%.
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Terms of inventions patenting
They differ from one country to another. The procedure for legalize in most countries draws up 24-36 months for the usual procedure and 12 months for the accelerated one. In Russia, government registration occupy 12-18 months. To be registered in the US according to the national procedure, you must count on 30 months after the submission of documents. And consideration of an application based on a patent already issued in another nation takes about 12 months.
Timing is sometimes extremely important. This is confirmed by the history of the invention of the telephone. Alexander Bell filed an application with the US IP Office a few hours ahead of a competitor, Elisha Gray. And he became famous all over the world. Before him, the telephone was invented by other researchers, but no one succeeded in formalizing the development properly.
We try to shorten the time for preparation of documentation as much as possible in order to submit a priority application as soon as possible. And then we speed up its consideration by the national Intellectual Property Office. In case of objections, we overcome them in a minimum of terms.
According to the Paris Convention, the minimum duration of an exclusive credential to an invention is 20 ages. The most territories it is exactly 20 years. If a medicine, agrochemical or pesticide has been obtained, you have the opportunity to ask for an extension of this date for another 5. Some governments issue supplementary protection certificates for periods in excess of 20 ages.
Registration, for various reasons, occupy a long time. To counterbalance the applicants’ options before the law, the term of legalize is counted from the filing date of the application (the so-called “priority date”), and not from the moment the title of protection was received.
Keeping a patent in force
The validity of the title of protection must be maintained. To keep the legalise from being revoked, you have to pay a fee every year. Their size differs depending on the territory, year and who is the holder. Payment terms must be monitored independently, the nation does not remind the owner of them. This service is also presented in our company, and we shoulder responsibility for tracking the timing of making the necessary payments.
The amount of the fee for legalise renewal in different countries:
- Ukraine – USD 25-285/ year for legal entities, 10% of these amounts for individuals. The amount of official duty increases annually during the age to 20.
- Russia – RUB 1700-16200 / year, payments start from the 3rd year.
- USA – official fees are paid three times over a 20-year. One payment means USD 500-7700.
- In the EU and others, the sizes are very different.
At the request of the client, we undertake the payment of official paies, in the required amount. This is especially useful if the organization has several patented items, and all of them need to be maintained. Representatives of SION keep track of information on changes in the size of official duties and other relevant issues.
Legal protection of an invention
In most jurisdictions, it is possible to terminate patent infringement by court order. But the holder should monitor the situation on his own initiative or his authorized representative, i.e. law companies, bureaus, and lawyers. Based on their own interests, the inventor or representative applies to the IP office or files a lawsuit if his interests are affected.
An invention certifies the rights of the inventor only in the national registration, that is, they provide territorial protection. We discuss with the client the question in which territories he plans to implement the product patenting, we help to formalize in the jurisdictions of interest.
The SION’s specialists have been engaged in patenting since 2011. We have representatives in different nations (UK, USA, EU, Russia), so the company does not need intermediaries.
- Validate the title of protection (translation into the national language), if necessary.
- Know local security laws.
- Draw up an application in the language of the required jurisdiction.
- They correctly highlight the features of the object, and describe them in the documentation.
- Accompany the registration process until completion.
- Will support the patent, respecting the interests of the customer.
- After obtaining the legalisation, they shoulder responsibility for identifying and suppressing violations of rights. The patent information entered into the customs register of intellectual property. The interests of the holder can be defended in court, law enforcement agencies, and the Antimonopoly Committee.
- They help with the commercialization of the innovations and carry out the assessment of future profit from use.
Legalizing increases the commercial and reputational value of a technical innovation created by an author. It provides legal security, protects against unfair competitors. We asset you register the results of your technical creation and provide a range of services for their effective protection.
For detailed information and to calculate the cost of registering a patent, mail by us: firstname.lastname@example.org.
At the national IP office of the country. These are Ukrpatent, Rospatent, the US Patent and Trademark Office. You can patent at the regional office. For example, the Eurasian Patent Organization, the African Intellectual Property Organization.