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Patenting Process

31 Mar 2021 (updated at 27 Apr 2024)
#Information

Patent registration procedure is strictly administered by the current legislation and includes the following steps:


  • Formal and substantive examination
  • Filing an application to patent office
  • Acquisition of patent


Examination

During the examination it should be checked that the intellectual property object meets the following requirements defined by the legislation: industrial applicability or utility, inventive step and novelty.

To meet the first requirement the technical solution can be used in any kind of industry or agriculture; only objects that are improved to the existing level of technics have inventive step. Novelty defines unknown technical solution at the time of application filing.


Possible Registration Rejection

Application for patent registration can be rejected if your invention does not meet the certain requirements. Under the decision of patent granting Rospatent places your invention in the State registry and publish information on it in the official bulletin.


The Civil code defines objects that cannot be considered inventions as:


  • Solutions related to the overall appearance of articles;
  • Scientific theories and mathematical methods
  • Software
  • Solutions for providing only information


Besides the protection will not be granted to animal breeds and varieties of plants and biological methods of their establishment.


Patent Validity

Please note that protection of a patent has the following timeframe: patent for an invention is valid for 20 years, patent for a utility model is valid for 10 years, and patent for a design is valid for 15 years.

All terms are defined from the date of filing of the application to the patent office.