Patenting innovative products Svetlana Zhuravleva Deputy Director SWSU

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

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

Basic notions Patenting — a procedure to get a patent for an intellectual property

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) 2 Innovation and business-engineering center SWSU

Russian documents certifying the title of protection Patent for an invention. Patent for a

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

Patent for an invention requirements: is granted if an invention meets three main patentability

Patent for an invention requirements: is granted if an invention meets three main patentability ü novelty, i. e. is new and not known in the state-of-art; ü level of invention, i. e. is the offered solution does not directly result from prior art (is non-obvious) ü commercially useful, i. e. can be used in industry, agriculture or any other productive sphere. 200 $ t u o b A ears y 5 2 r fo 4 Innovation and business-engineering center SWSU

Patent for an invention Patent application should consists of the following parts: Ø Application

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

Patent for an invention Patent prosecution: Ø Assigning individual number to track the application

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

Patent for a utility model A utility model is either a complete item, like

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: Ø it may be just a device Ø such technical solution can be used in any sphere of human life where this invention is applicable 15 $ About ears y 0 1 r o f 7 Innovation and business-engineering center SWSU

Patent for a utility model Application for a utility model should consists of the

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

Patent for a utility model Application prosecution : Ø Assigning individual number to track

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

Patent for industrial design Industrial design is related with the look of an object,

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: 100 $ t u o b A ars e y 5 r o f 10 Ø the solutions limited to the technical function of an item Ø architectural objects (with exception of small-size architectural forms), industrial and waterwork facilities, or any other permanent structures; Ø unshaped items made from liquid, gaseous or any other loose materials Innovation and business-engineering center SWSU

Patent for industrial design Заявка на промышленный образец состоит из следующих частей: Ø Application

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

Patent for industrial design Application prosecution : Ø Assigning individual number to track the

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

Certificate of computer code registration is document that protects only program listing (text). Patentability

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: Ø Application Ø Materials that can identify the computer program Ø Abstract About 13 50 $ Ø Paid fee Innovation and business-engineering center SWSU

What is protected by a patent? Exclusive rights – these are the rights that

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 : Ø imports into the Russian Federation, Ø production, Ø use, Ø sale offer, Ø sale, Ø any other way of putting into civil circulation or storage of a product that utilizes a patented invention, utility model or industrial design 14 Innovation and business-engineering center SWSU

International patenting There is no international patent If there is a published national patent,

International patenting There is no international patent If there is a published national patent, it is not permitted to get a Eurasian patent, or a patent of any other country. A patent is valid only within the territory of the country wherein such patent has been granted (or a group of countries on agreement). 15 It is possible to get a group patent only within one year after the national patent has been granted. It is not possible to get a patent after the start of commercial sales of an item that is offered for patenting, 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

International patenting 1 st way – filing national applications in all saught countries simultaneously

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

Patenting activities in SWSU In 2013 -2016 over 1600 applications for intellectual property items

Patenting activities in SWSU In 2013 -2016 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 17 ader e l 6 201 f filed a U SWS number o n e In th pplicatio a Innovation and business-engineering center SWSU

Thank you for your attention! We’re always open for co-operation Svetlana Zhuravleva Deputy Director

Thank you for your attention! We’re always open for co-operation Svetlana Zhuravleva Deputy Director Innovation and business-engineering center SWSU Innovcenter 46@yandex. ru www. facebook. com/sjurevna