According to Article 1345 of the Civil Code intellectual rights on inventions, utility models and industrial designs are patent rights.
Author of an invention, utility model or industrial design has the following rights:
Exclusive right on invention, utility model and industrial design is recognized and protected under the condition of state registration of the relevant objects on the basis of which the federal agency for intellectual property enforcement authorities issue a patent on invention, utility model or industrial design.
To start working on patenting essential basic information about your development and field of its use is necessary.
Prior work starts the assessment of patentability of your development is carried out. According to its results it is considered if your developments meets all necessary criteria of legal protection of inventions, utility models and industrial designs. If necessary recommendations to change your developments to bring it to patentability are made.
Before filing application it is recommended to conduct patent research to define the state of the art. This is necessary to determine whether the results of intellectual activity (development) has a novelty in relation to patents registered in your interest field.
As a result of patent research patents-analogues will be identified on the basis of which you can compare the main essential characteristics of your development with the developments of other authors and change or modify your invention, utility model or industrial design, if necessary.
In addition, by analyzing the patent novelty you will find out whether your development violates right on patent of another author which is already registered.
Technical solution in any field related to a product or a process, including the use of the product or method for a particular purpose is protected as an invention.
Conditions for invention legal protection:
Patent validity on invention is 20 years since application filing date.
Registration procedure takes 1, 5 - 3 years.
It should be noted that the below following are not considered inventions:
Utility model is a technical decision related to device.
Conditions for utility model protection:
Registration of utility model takes 9 months.
Patent on utility model is valid within 10 years.
Decision of visual appearance of products of industrial or handicraft production is protected as industrial design.
An industrial design shall be granted legal protection if in its essential features it is new and original.
Essential features of industrial design are features that determine the aesthetic features of appearance of a product, in particular the shape, configuration, pattern, combination of colors, lines, contours of the product, texture and material texture of the product.
Symptoms caused exclusively by the technical function of the product, are not protected industrial design features.
The below following cannot be protected as industrial design:
Industrial design registration procedure takes 12 months.
Patent on industrial design is valid within 5 years with possibility of renewal till 25 years.