Utility Model Patent

Streamlined procedure of utility model examination and registration.

Utility model – is an intangible object of intellectual rights similar to the invention (technical solution) related to the device.

— Support in the utility model patent commercialization (contracts, accounting for intangible assets)
— Executing patent research in accordance with GOST R 15.011-96
— Protecting Your Patent Rights in Court
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Period of registration and validity of the exclusive right for utility model:

2 MONTHS
Minimum period of registration of utility model patent.
6 MONTHS
Author's privilege for "novelty" patentability parameter
10 YEARS
Term of exclusive rights for invention.

What can you patent as a utility model?

A technical solution related to the device is protected as a utility model.
That is, a technical solution - the device can be protected either with a patent for invention or with a patent for utility model, decision is made at the applicant's discretion and depending on the achievement of the "prior art" patentability parameter.
In Ukraine and Japan, both methods and substances can be protected as a utility model, while in Germany a utility model must necessarily involve an inventive step.

Conditions of the utility model patentability:

Novelty
An invention is considered as new if its material cumulative feature is not known in the prior art at the time of filing an application for utility model. The prior art includes any information that has become publicly available in the world at the time of the invention priority.
"Author's privilege" - is a 6 months period from the date of the invention disclosure (via exhibition, Internet, publication), that is, during this period you can apply without loss of the invention novelty status (section 3 of the Civil Code)
1
Industrial applicability
A utility model is considered industrially applicable if it can be used in any sector of the economy or social sphere.
The application materials should indicate the purpose of the utility model, disclose the implementation of each feature included in the claim, and the combination of these features should provide intended performance. If the application disclosure is not sufficiently exhaustive, the industrial applicability parameter is not achieved.
2

The title documents examples that officially certify the exclusive right to inventions (patents):

Procedure of a utility model patent registration:

1
Materials study
1 day
Patent specialist

Studying Customer's materials, identifying the objects of patenting, calculating the terms and cost of patenting.
2
Patent searches
5 – 7 days
Patent specialist, Patent attorney

The search is executed across the databases of patents for utility models and filed applications for their receipt. The patent searches result in the selection and analysis of the closest prior art for the claimed patented object. The patent searches are carried out in accordance with GOST R 15.011-96
3
Results analysis, patenting strategy development
1 day
Patent specialist, Patent attorney

Based on the patent searches and on the task set for us by the Customer, an optimal utility model patenting strategy is developed, the application materials submitted for registration are adjusted, in particular the formula and abstract
4
Execution and filing an application for an invention with ROSPAENT
1 day
Patent attorney

Preparation of all necessary documents, description of the patented object, its formula, materials needed to understand its essence (drawings, diagrams), abstract and so on.
Filing the application using electronic (digital) signature or in the FIIP reception office.
In accordance with Section 1381 of the Civil Code of the Russian Federation the application filing date is the date of receipt of all necessary documents according to the list of FIIP.
Obtaining the application number (it will remain unchanged) - the priority date of the patent for utility model is determined by the day the application number is received!
5
Examination as to form
up to 2 months
FIIP Expert

The compliance of the application documents with the formal requirements is being checked.
Based on the formal examination results, Rospatent makes a decision on accepting the application for consideration and proceeds to the examination as to the substance.
6
Examination as to substance of the patented object
Application examination as to the substance of a utility model includes a list of actions with the main purpose being to identify the patentability of the claimed object. The examination is executed by FIIP experts.
Application examination as to the substance of a utility model includes:
- verification of the claimed invention compliance with the requirements established by paragraph 4 of section 1349 of the Civil Code of the Russian Federation, and the patentability conditions established by the first sub-paragraph of paragraph 1, paragraphs 5 and 6 of section 1350 of the Code;
- verification of the sufficiency of the claimed utility model substance disclosure in the application documents provided for by sub-paragraphs 1 - 4 of paragraph 2 of section 1376 of the Code and submitted on the date of its filing, for the utility model examination to be executed by a specialist in this field of technology;
- verification of the claimed utility model compliance with the patentability conditions stipulated by the second sub- paragraph of paragraph 1 of section 1351 of the Code

7
Granting a patent for utility model to the rightholder
Up to 2 months
ROSPATENT

The title document contains the number of the utility model patent, the name of the object, the date of state registration, the application number, the priority date, the expiration date of the exclusive right for the patented object, the name of the patent holder, the names of the invention's authors
NON-DISCLOSURE AGREEMENT
We understand how important it is for you to keep your inventions secret. Indicate your contact details in the cost calculator and we will provide you with the NDA.

Cost of registration of the utility model patent:

The standard procedure of the utility model patenting: 8 months

Infringement search

Advice on finalizing the solution

FIIP application preparation

Stamp duties payment

Filing application with FIIP

Record keeping

Obtaining a registration decision

Obtaining the patent in original

Calculate
The streamlined procedure of the utility model patenting: 2 months

Infringement search

Advice on finalizing the solution

FIIP application preparation

Stamp duties payment

Filing application with FIIP

Streamlined record keeping

Obtaining a registration decision

Obtaining the patent in original in Russia

CALCULATE

Amounts of stamp duties for invention patenting:

The amounts of stamp duties are established by the state and are the same for all but certain categories of citizens and legal entities.
Check the exact amount of duties from our employee on the day of your call
Stamp Duty for utility model examination as to the form
+700 ₽ for each claim over 10
1400 ₽
Stamp Duty for utility model examination as to the substance (standard)
2500 ₽
Stamp Duties for utility model registration and patent granting
4500 ₽
Other patent options:

Additional services in patenting utility models:

Patent examination of a utility model
Examination of your patent rights infringement
Patent examination
Cancellation of the patent for utility model
Cancellation (termination) of others' patents for utility models
Patent examination
Extension of the patent for utility model
Extending patent exclusive rights for utility model
Patent examination

Calculation of cost and time required for registration of patent for utility model:

Proposed name of the patent for utility model:
Fields of application:
Time of patent obtaining:
Has no influence upon priority date but determines the commencement date of the patent right:
3
12
Countries of the patent:
Russian or international patent
Comments to the patent for utility model:
Determine its patentability, novelty and prior arts
The infringement search has been carried out?
Your telephone number:*
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What objects can be considered a utility model?
By implication of law, a utility model is a device, i.e. man-made object (notion, mechanism, design, installation) with a complex internal structure, created to perform certain functions).
The law defines two conditions for granting a device the status of an utility model and the corresponding legal protection status.
The first condition is the novelty of the utility model. It is recognized as new if its material cumulative feature is not known from the prior art (part 2 of section 1351 of the Civil Code of Russian Federation). In fact, this means that, in contrast to the invention, a utility model may already be known to the public, however, its construction is fundamentally different from similar existing models.
By "prior art" any information that has become generally available in the world prior to the utility model priority date is meant. The prior art also includes (subject to an earlier priority) all applications for a patent for an invention, utility model or industrial design, which are filed in the Russian Federation by other persons and with documents accessible by any person, as well as inventions and utility models patented in the Russian Federation. Please note, that when determining the utility model's novelty, the information is taken into account about a similar device use not only in the Russian Federation, but also abroad - if this information has been published.
The second condition is industrial applicability, i.e. the possibility of use in industry, agriculture, healthcare, other sectors of the economy or in the social sphere.
What objects cannot be considered as utility models?
Following objects are not protected as utility models:
  • discoveries,
  • scientific theories and mathematical methods,
  • solutions concerning only the appearance of products and aimed at satisfying aesthetic needs,
  • rules and methods of games, intellectual or economic activity,
  • software,
  • solutions consisting only in the presentation of information.
At the same time, it is important to bear in mind that the law excludes the possibility of classifying these objects as utility models only if the utility model patent application relates to these objects as such. That is, devices that meet the relevant requirements and are this way or another related to these objects can be patented.

Following objects are not protected as utility models:
  • plant varieties, animal breeds and biological methods of their producing, entirely consisting of crossbreeding and selection, with the exception of microbiological methods and products thus obtained;
  • topologies of integrated circuits.
What is the difference between a utility model and an invention or industrial design?
There are several fundamental differences between a utility model and an invention or an industrial design. They are differentiated by:
  1. The object of protection.
    In the invention, a fundamentally new technical solution protected by law relates to a product (not only a device, but also a substance, a strain of microorganisms, a culture of plant or animal cells) or a method (the process of performing actions on a material object using material means), in an industrial model – it relates exclusively to the device. In the industrial design, the object of intellectual protection is not a technical, but an artistic, engineering or design soltion that determines the appearance (design) of the product.
  2. By the exclusive right term:
    - twenty years - for inventions;
    - ten years - for utility models;
    - five years - for industrial designs.
  3. By the requirements for registration
    Utility models have less stringent requirements than inventions. The most significant difference is the absence of non-obviousness criterion (inventive step). Differences in the scope of requirements for registered objects of patent law, in general, can be presented with the following graph.
There are other differences, for example, in registration terms (for a utility model, it is generally shorter) and the amount of fees for obtaining and maintaining the rights to these objects (we will talk about this below).
Is there a possibility to convert an application from registering an invention to a utility model?
The law provides an opportunity to convert an application for an invention (with the exception of those withdrawn or recognized as withdrawn) into an application for a utility model.
It is possible to do it before the publication of invention application information, but no later than the date of the decision to register a patent for invention by filing a corresponding application with Rospatent.
An application for invention shall not be transformed into an application for utility model if, when applying for a patent for invention, attached to the application documents is the statement, that, in the case of the patent is granted, the applicant agrees to conclude an agreement on the patent alienation according to the established practice, with any citizen of the Russian Federation or a Russian legal entity, who was the first to express such a desire and notify the patent holder and the federal executive authority on intelligence property.
Upon receipt of the request for application conversion, the expert body checks the correctness of its execution and sets the deadline for submission.
A fee is charged for converting an application for an invention.
If the application for the application conversion is submitted within the prescribed time, executed in accordance with the established requirements and supported with the fee payment receipt, the applicant is notified of the conversion. Further cons application is carried out in accordance with the procedure for the utility model application.
In the event that, at the date of the application for conversion receipt the applicant has submitted additional materials correcting or clarifying the invention application documents, including the claim, the verification of the mentioned materials is executed in accordance with the procedure for the invention application.
The applicant is informed of the application conversion consideration results by means of notification.
The applicant may withdraw the request for application conversion. The withdrawal request must be received by the expert body before the conversion notification is sent to the applicant. In this case, the conversion is considered to remain undone and the fee paid can be returned to the applicant or set off in the prescribed manner.
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