Content
- What is a patent?
- Patent duration
- Top patent holders
- Patent protection abroad
- Patent vs Copyright
- Why is a patent needed?
- What can be patented?
- How to obtain a patent?
- How to choose a specialist for patenting?
What is a patent?
A patent for an invention is an official document that confirms authorship and exclusive rights to an innovation, as well as provides protection against plagiarism. Essentially, a patent is the passport of an invention: it indicates who created the technology and when, as well as who the rights holder is. This document confirms that the invention is registered in the state registry and protected by law. In the case of infringement, the patent holder has the right to seek compensation for damages or reimbursement, according to the Civil Code of the Russian Federation (Article 1406.1).
Patent duration
The duration of a patent for an invention is 20 years. However, for certain categories, such as patents for medicines and chemical compounds, there is an opportunity for extension. This allows companies to continue protecting their developments in the market.
Top patent holders
Among the leading companies in terms of the number of patents are Panasonic, Samsung, and Hitachi. These companies actively develop new technologies and obtain rights for their use. In 2022, in the ranking of the largest patent holders according to The 2022 Global 250, Apple did not take leading positions but registered some of the most unusual patents, including a technological round pizza box and a glass staircase. In April 2023, Apple received a patent for an AirPods case with a built-in touchscreen that will allow users to control music and applications.
Patent protection abroad
Patents are effective within a certain territory. For example, a patent obtained in the Russian Federation will not have legal force in other countries. To protect a patent abroad, it is necessary to contact the relevant national patent offices, such as the European Patent Office or the Eurasian Patent Organization. There are also international registration systems, such as the Madrid System and the PCT System, which allow for legal protection in several countries based on a single application.
Patent vs Copyright
It is important to distinguish between patent and copyright. Patent law protects technical and design solutions, while copyright protects works of art, literature, and scientific articles. To obtain a patent, it is necessary to prove the uniqueness and usefulness of the invention, as well as conduct research. Patents come into effect only after state registration, while copyright takes effect from the moment the work is created.
Why is a patent needed?
Patents for inventions help companies address a variety of tasks:
- Protection of developments: A patent provides the exclusive right to use the innovation and allows the inventor to seek compensation for infringement.
- Increasing company value: A patent can be considered an intangible asset, helping to attract investors and secure loans.
- Positioning as an innovative company: A patent can be used in marketing communications to create a strong brand image.
- Generating profits: Patents can be licensed or sold, creating additional income streams for companies.
What can be patented?
To obtain a patent, the invention must meet three main criteria for patentability:
- Novelty: The solution must be unique, not existing in the world previously.
- Industrial applicability: The invention must have practical application.
- Inventive step: The development must represent a new useful approach to already known processes.
Patentable objects may include devices, production technologies, diagnostic and treatment methods, formulas and recipes, as well as software and hardware complexes.
How to obtain a patent?
The process of obtaining a patent includes several steps:
- Checking the invention: Ensure that your invention meets the criteria for patentability by checking existing patents in international databases.
- Payment of state fees: It is necessary to pay several fees for various patenting procedures.
- Filing an application: The application must include a description of the invention, claims, drawings, and a summary of the technical solution.
- Receiving a decision: Rospatent examines the application and, if the outcome is positive, issues a patent.
The patenting process usually takes 12 to 18 months.
How to choose a specialist for patenting?
Patenting is a complex process, so companies often engage patent attorneys. To choose a qualified specialist, pay attention to their portfolio and experience in similar fields, and also review the contract for a complete list of services.