When registering an invention, the applicant must be guided by the Rules for the preparation, submission and consideration of documents that are the basis for performing legally significant actions for the state registration of inventions.
Order of the Ministry of Economic Development of the Russian Federation of February 21, 2023 No. 107 "On State Registration of Inventions" approved new rules for state registration of inventions, which came into force on April 29, 2023, and contain an updated procedure for compiling and submitting documents for registration of inventions, as well as requirements for the application, the form of a patent for an invention, the composition of information about the application and the grant of a patent published in the official bulletin of Rospatent, the procedure for information retrieval during the substantive examination of the application and the submission of a report on it, as well as the procedure for publishing an information retrieval report in relation to the claimed invention.
The old order of the Ministry of Economic Development of Russia dated May 25, 2016 N 316 "On approval of the Rules for the preparation, submission and consideration of documents that are the basis for the performance of legally significant actions for the state registration of inventions, and their forms" has become invalid.
Consider the main changes proposed in the new Rules:
To date, there are only six accredited organizations:
1.Volgograd State Medical University of the Ministry of Health of the Russian Federation
2.Mordovia State University
3.Southern Federal University
4.Samara State University
5.Samara State Medical University of the Ministry of Health of the Russian Federation
6.Novosibirsk State Technical University
However, this list can be extended. Scientific and educational organizations wishing to obtain this status can apply to Rospatent for the provision of the relevant state service by filling out the appropriate application form for accreditation.
In the request for amendments to the application documents or in the cover letter to it, brief explanations of the proposed changes are given, and a specific place in the original application materials is indicated (numbers of pages, paragraphs, lines in the text of the application documents, the figure of the drawings, which show the sign of the invention, and, if necessary, the position with which it is designated), which contains information on the basis of which changes are made.
It is checked whether the purpose of the invention is indicated; the technical problem solved by the creation of the invention, and the technical result, which is provided by the invention; whether the set of essential features necessary to achieve the technical result indicated by the applicant is disclosed; whether at least one example of the invention is given, confirming with experimental data or theoretical justifications the possibility of realizing the purpose of the invention with the achievement of a technical result; whether the application documents or the state of the art as of the filing date of the application disclose methods and means by which it is possible to carry out the invention with the realization of the purpose in the form as it is characterized in each of the claims, including in the case of using a general concept to characterize the feature.
In addition, it is important to take into account whether an example of the invention is given, showing how the invention can be carried out using at least one particular form of implementation of a feature expressed by a general concept, or at least one parameter value included in the interval, if at least one general concept or range of values of any parameter to characterize a feature of the invention. An example should confirm by experimental data or theoretical justifications the possibility of realizing the purpose of the invention with the achievement of a technical result using at least one particular form of implementing a feature expressed by a general concept, or one parameter value included in the range of parameter values.
At the same time, if in the claims several features are expressed by general concepts, the check is carried out in relation to each feature expressed by the general concept, and if the invention provides the achievement of two or more technical results, the check is carried out in relation to each technical result.
Previously, according to the Rules, which became invalid, if the applicant provided several technical results in the description, but only one was confirmed in the description by experimental data, the disclosure was recognized as sufficient.
The claimed invention, expressed by the claims, is recognized as a technical solution related to a product or method, including the use of a product or method for a specific purpose, if the claims contain a combination of essential features related to the product or method, including the use of the product or method. method for a specific purpose, sufficient to achieve the technical result (results) provided by the invention.
If, as a result of the verification, it is established that the claims do not contain a set of essential features sufficient to achieve the technical result (results) provided by the invention, including if all the features by which the claimed invention is characterized in the claims provide only such a result that is not is technical, or the technical result indicated by the applicant is not achieved due to the lack of a causal relationship between the features of the claimed invention and the technical result indicated by the applicant, or the justification given in the description of the invention for achieving the technical result provided by the invention contradicts the known laws of nature and the knowledge of modern science about them, the claimed invention is recognized as non-compliant with the condition of patentability.
In addition to tightening the rules for the concept of "invention as a technical solution", clarifying the requirements for drawing up the claims in relation to the unity of a group of inventions and confirming the sufficiency of disclosure, expanding the possibilities of applicants regarding the submission of a number of applications, the goal pursued by lawmakers when making changes into the new Rules, consisted in the harmonization of Russian norms with foreign norms, in achieving convergence with the rules of international treaties to which the Russian Federation is a party.