Despite the fact that there are many ways to receive and international patent, there is still no way to receive a patent valid in all countries. Patent is valid only on the territory of the country where it was received, except Eurasian and European patent. But there is a way to patent an invention or solution in several countries simultaneously. It is an international patent application filed in accordance with the Patent Cooperation Treaty (PCT). PTC includes more than 140 countries. This procedure allows applicants to submit a one application for several countries.
Selective achievements are types of plants and animal breeds registered in the National Registry of Protected Selection Achievements. Types of plants mean determined from peculiar characteristic of a specific genotype and having differences from one or more plant of the groups of the same botanic sippe An animal breed is understood as group of animals, characterized by genetically conditioned biological and morphological characters and features that distinguish them from other groups of animals. Objects of selection invention are biological objects obtained as a result of purposive selection produced by humans and having genetic differences from other similar objects.
Protectability of selection achievements implicates specific criterion, , novelty, distinctness, homogeny and stability. Types of plants and animal breed are considered novel if, at the date of application for the grant of a patent the breeder or his legal successors or other persons (with consent of legal successor) did not sell or otherwise distribute pedigreed material or seeds. Selection invention has distinctness, if at the time of filing an application it differs from other generally known selection inventions existing by the time of grant of a patent. Homogeneous are considered to be plants of the same species or animals of the same breed, which are fairly homogeneous in their characteristics, including individual deviations related to peculiarity of reproduction. The selective achievement is stable if, after repeated reproduction, all the main characteristics remain unchanged.
The author of the selection achievement is an individual whose creative work has created, maintained or revealed a selection invention. Unless otherwise proven, the author is the person indicated as the author in the application for the grant of a patent for selection invention. The author of the selection invention has the right to certify his authorship by obtaining an certificate of authorship issued by the executive authority on selection invention. The author of the selection invention has the right to receive a commission from the patent holder for the use of the selection invention created or revealed by him during the term of the patent. And agreement on the amount and terms of payment of commission should be drawn up patent owner and author.
Since selection inventions are nowadays created by groups or entire collectives, the breeders participated in selection invention are acknowledged coauthors regardless of stage of involvement. Unless otherwise provided by the contract, any of the coauthors has the right to use the selection invention at their own discretion.
The right for a selection invention is drawn up by composing and filing an application to the State Commission which, in turn, examines the application and decides whether to grant the patent or to deny. In addition, selection invention are examined for economic utility and then is registered in the State Register of Selection Inventions. The patent for the selection invention is valid for 30 years and 35 years for varieties of grapes and forest berries, as well as wood, fruit and decorative crops.
A useful model is a technical solution relating to device. Although useful models are sometimes called small inventions , a demand of inventive level is not applied to useful model as opposed to invention. This means that any device can be recognized as a useful model provided that it has a world-wide novelty, meaning it is nowhere described and is not applied practically. At the same time, it can be quite obvious to a specialist.
During the state registration of the invention it is checked for compliance with certain criteria. If the search reveals that the requirements of the legislation of the Russian Federation are observed, then the inventor will receive a patent confirming the exclusive rights for the invention. But before filing invention registration request a patent search should be carried out to estimate chances of obtaining a patent. The purpose of patent search is to select information that corresponds to a specific request. Patent search also allows to establish the novelty of invention.
Patent search is carried out by means of search systems manually or by means of specialized computer programs or with the involvement of experts. Since this process is quite labor intensive, it is often entrusted to specialists in the field of intellectual property protection. But this procedure is vital for everyone who intends to patent an invention or use a patented one. Obtaining accurate patent search data saves money and time in case when search results reveal the inavailability of registering or using the invention. Also, a patent search will help to build a complete picture in the area of interest. After analyzing the patent search results it will be possible to forecast the trends in the development of the invention and its analogues, as well as the entire industry.
The patent search pursues several important aims: to determine whether the invention is unique and whether it encroaches other parties intellectual property; to reveal the features of the new product and what areas it is used in; to find out about inventors or companies that have patents in the same field, as well as in related spheres; to identify other fields of application of product. Also to gain information on patents for similar inventions and on potential licensers.
The search is performed on an amount of data or batch controlled documents, which is a fairly narrow category of search, since it is carried out according to a fairly uniform patent documentation containing critical score of a technical level. Such data are particularly reliable as they are verified as a result of the examination of invention protectability.
This process can take a lot of time and effort but it is necessary for everyone who needs to patent the invention or use it since the use of patented inventions is fraught with big troubles.
Patent search can be done unassisted but you can use the services of a company specializing in such cases. In case of unassisted search, you will have to hold responsible for results.
Subject-matter search is used most often. A technical task is formed meaning subject of the search itself, a category of patent classification is chosen, restrictions are determined on the subject area and patent materials that have a relation to it are analyzed for a certain time interval.
Title search or trademark search usually complement the subject-matter search is used in the case where the name of the inventor or company is known.
Numeric search is carried out in case if the document of title is known that makes it possible to find out the further information on the invention, industrial design or utility model.
The corresponding patent search is carried out if it is necessary to discover patents for the same invention in different countries when a patent is issued in one country and then the same invention is patented in others. This kind of search will be useful if the patent you are interested in is described in a rare language, and the found corresponding patents are described in more accessible languages that makes it possible to get more information and get acquainted with it. Also this type of search can complement the subject-matter search at the stage of acquaintance with the patents descriptions.