Patenting of inventions and utility models, international patenting | Law&Trust International

Patenting in Different Countries of the World

In order to monetize the results of the work and protect your developments, you need to register a patent for a utility model, invention or industrial design. Having received a patent for an object, you have the opportunity to sell it or its production technology and also protect your rights. Law&Trust offers qualified legal assistance in obtaining a patent for an invention. The lawyers of the company will tell you how to obtain patents in different countries, and what actions need to be taken to do this.

Patenting services worldwide from Law & Trust.
Patenting services worldwide from Law & Trust.

What is a patent and what rights does it give?

First, let's figure out what is a patent. It is a special document, confirming the status of the inventor, as well as his rights to the development, technology or sample created by him. After a patent is issued, a person receives the following rights and opportunities:

  • exclusive right to sell an object of intellectual property or technology;
  • the patent holder may authorize or prohibit the use and distribution of the patent object to third parties.

What can you apply for a patent in different countries?

You can patent an invention, utility model, industrial design. There is a certain difference between these concepts, so before contacting the patent office, you should find out which patent you need.

How to get a patent for an invention?
Responses to patenting an invention.

Patent for invention

An invention is considered a technical solution, which can be called a product (it can be some device, substance, etc.) or a method (method of influencing a material object). When granting a patent, such properties of the invention as industrial applicability, novelty, and inventive step are taken into account. Patents for inventions are issued in almost all countries of the world, for different periods - for example, in Russia, it is 20 years with the possibility of renewal for 5 years only for certain types of inventions. To obtain such a patent, it is necessary to go through a formal examination and substantive examination of the application.






How to get a patent for a utility model?
Answers on obtaining a patent for a utility model.

Utility model patent

A utility model is an exclusively technical solution that relates to devices. The patenting of utility models is necessary in order to establish the innovativeness of the development, its compliance with the stated criteria and practical benefits for humanity. Its criteria are industrial applicability and novelty. The validity of such a patent is two times shorter than that of a patent for an invention - 10 years. The very concept of a utility model patent is not available in all countries, but only in Ukraine, Russia, Germany, Hungary, Spain, Portugal, Austria, Estonia, and France. In most of these countries, the coexistence of a national patent for a utility model and for an invention is impossible (with the exception of Ukraine and Germany).



How to get a patent for an industrial design?
Answers for obtaining a patent for an industrial design.

Industrial design patent

An industrial design is an object of intellectual property rights. It refers to the design, appearance of the product, its ergonomic properties. In order to file a patent for industrial design, it must possess such characteristics as originality and novelty. Different countries classify and register a patent for industrial designs in different ways.

For example, in Russia, a patent for an industrial design is granted for 5 years, it is possible to repeatedly renew it for another 5 years, but not more than 25 years in total. The author of an industrial design receives exclusive rights and copyright.

In Ukraine, an object of an industrial design can be a drawing, coloring, shape or combination, which determines the appearance of the product and is used for ergonomics or aesthetics. In practice, some industrial designs are often registered in Ukraine that are not related to industrial products but are present in the Locarno classification, like interfaces, interiors, etc. An industrial design receives legal protection if it has a criterion of world novelty - such concepts as industrial applicability or originality are not used in Ukrainian legislation in relation to industrial design.

In the United States, design patents have been granted since 1980. The validity of such a patent is 14 years, the configuration, shape and decorative elements on the surface of the product are protected by law. Such a patent can be obtained literally for anything, from computer icons to design in architecture.

In the EU, you can get protection for “Community designs”. Contours, decorative elements, textures, shape, appearance, choice of materials in the product are subject to protection. You can get such protection if the design is new and individual (that is, the overall impression of such a design differs from existing ones). “Community design” is protected by law for up to 25 years.

A patent filed in a particular country gives inventors the rights only in a particular territory. Each state has its own patent law. Let’s see if an international patent is possible.

Is it possible to obtain an international patent?

International registration of a patent for an invention is possible only in economic blocs in the territory of which there is single legislation. For example, it is possible to obtain an international patent of an EU sample. The EU has patent agreements ratified by all parties. However, registration of a patent for an industrial design, which would be valid in all countries of the world, is impossible. Nevertheless, there is a way out. The World Intellectual Property Organization (WIPO) allows you to make an international application for patent validation in the contracting countries.

It applies not only to intellectual property but also to other objects. The international application applies to 130 states that have ratified the Patent Cooperation Treaty. An international application allows you to get a document in any of these countries. The corresponding right is granted for 30 months. A personal presence in the offices of the registration authorities of the member countries of the Treaty is not necessary. The application is created according to a single model, so you can submit it online to the registrars of any foreign countries.

How to get a patent in different countries?

As we have mentioned above, it is impossible to apply for one international patent, which would be valid all over the world. Consider the features of patent processing in different countries and economic blocs.

How to get a patent in the USA?
How to get a patent in the USA?

USA

In the United States of America, the Patent and Trademark Office (USPTO) handles patenting. The procedure for registering an intellectual property patent includes the following steps:

  • Patent search;
  • Preparation and submission of documents;
  • Examinations (formal and substantive);
  • Obtaining a patent.

American law provides for only two types of patents that are valid in the country:

  1. Patent for invention;
  2. Patent for industrial design.

The total amount of state fees is from $800 for individuals and from $1600 for legal entities.

 How to get a patent in the European Union?
 How to get a patent in the European Union?

The EU

The European Patent Organization (EPO), which includes 38 countries, is engaged in patenting in the European Union. Also, the obtained patent can be extended to some states that have not yet joined the EPO - these are Cambodia, Tunisia, Bosnia and Herzegovina, Morocco, Montenegro and the Republic of Moldova.

EPO grants only one type of patent - a patent for an invention. As we have mentioned above, instead of a patent for industrial design, you can register a “Community design”. Applications for community design can be submitted to national intellectual property offices, to the Benelux Design Bureau, or directly to the European Union Intellectual Property Office (EUIPO) in Alicante, Spain.
According to the European Patent Convention, the process of obtaining a patent in the European Union looks like this:





  • Patent search;
  • Collection of documents;
  • Filing an application with the department;
  • Conducting two types of examinations;
  • Obtaining a decision to grant a patent;
  • Validation of a patent in each of the countries of the Convention.

The total amount of all duties will be from € 3,740.

 How to get a patent in Ukraine?
 How to get a patent in Ukraine?

Ukraine

A special body, Ukrpatent, is engaged in the granting of patents in Ukraine. The patent process includes:

  • Patent search;
  • Collection of documents;
  • Examinations;
  • Filing an application to Ukrpatent;
  • Patent registration.

Today in Ukraine 3 types of patents are issued:

  • For the invention;
  • For a utility model;
  • For an industrial design.

At each stage, you need to pay fees: for filing an application (from 160 UAH to 2400 UAH, depending on the type of applicant), for examination - from 600 UAH to 6000 UAH, for the patent itself - from 40 UAH to 400 UAH.

 How to get a patent in Russia?
 How to get a patent in Russia?

Russia

In the Russian Federation, the Federal Office “Rospatent" is engaged in patenting. The legislation provides for 3 types of patents:

  • For an invention;
  • For a utility model;
  • For an industrial sample.

Registration of patents includes several stages:

  1. Conducting a patent search - it takes an average of 3 weeks;
  2. Filing a patent application - it takes 3 weeks;
  3. Carrying out state examinations - it takes from 9 to 14 months;
  4. Registration and grant of a patent - within 2 months from the date of payment of fees.

If necessary, you can officially speed up the registration process, for an additional fee. In any case, to obtain a patent, you must pay the following fees:


  • For formal examination - 2310 rubles (up to 10 claims);
  • For substantive examination - 12,500 rubles (for each item);
  • For the patent itself - 3,150 rubles.

Law&Trust offers its clients patent registration services in any country in the world. The lawyers of our company will advise you on the issues of obtaining documents in various countries, and tell about the procedure for patenting. Law&Trust offers turnkey services. We will help to prepare and properly file all documents, create an application of the international standard, apply it to the registration authorities of various states. Law&Trust will take all necessary measures to obtain a positive decision.

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