Open AccessHow to get a patent for invention. Recommendations for drawing up application materials
Author(s) -
О. И. Тарасова,
А. А. Рыжова,
M. I. Savinova,
V. D. Borodin
Publication year - 2021
Publication title -
rossijskij bioterapevtičeskij žurnal
Language(s) - English
Resource type - Journals
eISSN - 1726-9792
pISSN - 1726-9784
DOI - 10.17650/1726-9784-2021-20-4-66-74
Subject(s) - patentability , invention , legislation , order (exchange) , patent application , stress (linguistics) , patent law , computer science , law , business , intellectual property , political science , finance , speech recognition
Availability of patents for inventions is a significant indicator of innovative activity in scientific research organization, one of efficiency criterion of its work, creates legal basis for integration innovations into practice and future commercial use. Not every inventor can formulate the point of his invention and describe it correctly according to demands of current legislation. Objective is to help a beginning inventor to form description and formula of invention correctly, to provide information, necessary for giving patent’s application. Recommendations for drawing up a claim according to the patent law of Russia are present in the article with an accent on inventions in the medical area. Conditions of patentability, objects of invention, patent validity periods have been considered. Conditions of creation companies’ inventions have also been highlighted. In the article the demands to a content of applications, structure of description, formula and an abstract of invention have been disclosed in details in compliance with “The Rules of drawing up, applying and considerations of papers (documents), which are the basis for performing legally significant actions in accordance with State registration of inventions” and “Demands to documents of an application of patent of invention”, approved by the Order Minister of Economic Development of Russian Federation, dated on 25.05.2016 No. 316. The example of description of invention in the medical area is given in order to illustrate an invention prototype. According to patent legislation of Russian Federation, a protection is provided to technical decision, which is new, not evident for a specialist in a given filed and is fully revealed in description of an invention in an amount, that is enough for its reproduction, and realization of a stated purpose is confirmed by materials of application. Formula of application must be totally based on a description.