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Intellectual property objects require additional registration with the NCIS. The article will tell about the features of the patent registration procedure, its necessity and timing.
What is a patent?
A patent is a unique right to use and transfer an invention. In other words, a patent is the legal right of its owner to an object that is a unique system or offers a new technical solution to a specific problem. To obtain such a certificate, the applicant is required to disclose all the details of the intellectual property in his application.
If there is a certificate of registration, the owner can transfer the right to use the facility to others after signing an official permit. Also, for commercial purposes, the patent owner can transfer ownership of the idea to another person. As soon as the term of the patent has come to an end, the invention will no longer be protected by the CNIS, so we advise you to follow the deadlines and renew the registration in time to avoid unpleasant circumstances.
Patenting an invention
One type of patent is an invention patent. It can be either a technical solution or an embodiment of the applicant's idea.
The following are considered as permitted patent objects:
• Phased solution of technical specifications;
• Products or new devices;
• A new way to use an existing product.
Moreover, the invention is required to carry any technical function or benefit to the consumer.
Objects that cannot be protected as an invention:
• scientific discoveries and theories;
• ideas and concepts that do not have a specific technical expression;
• design solutions;
• rules of games;
• computer programs (registered as objects of copyright) and so on.
All of the above intellectual property objects are registered with other institutions. All the details can be found by phone or on the official website of the NCIS.
Utility model patenting
Applicants often confuse an invention patent with a utility model. Let's look at their differences. A utility model is a technical solution related to devices that is new and industrially applicable. Useful models include structures and products.
An applicant can convert an application from a utility model to an invention during the period of consideration of the application or in case of refusal to register.
A utility model patent is registered for a period of 5 years, after which you can renew it. The extension is carried out for a period of 3 years.
Industrial design patenting
An industrial design is a unique artistic and design solution of a product. In this case, a product is understood as an item of industrial or handicraft production.
A design patent is registered for a period of 10 years, after which you can renew it. The extension is carried out for a period of 5 years.
Registration of a patent and the issuance of a certificate is possible only on condition of close cooperation with the NCIS.
Plant variety patenting
To patent a plant variety, first of all, it is necessary to correctly draw up an application and pay a fee.
We advise you to contact a competent specialist, that is, a patent attorney. For Belarusians, the service is desirable, for non-residents it is mandatory.
The center will conduct an examination of your application and transfer the data to the State Inspectorate for Testing and Protection of Plant Varieties. As soon as the inspection checks your facility, the data will be sent back and the center will issue you a certificate. The patent information will be published in the Registry.
Patent registration procedure
To register a patent, you need to go through several stages:
• Submit an application. If you are going to fill out the application yourself, you will need to fill in your personal data. We advise you to contact an attorney, because he knows all the nuances of filling out an application so that you are not denied registration. Pay the formal examination fee.
• Preliminary examination. The second step will be a formal examination. It serves as a check of the list of required documents, checks and literacy of the application. Upon completion of the stage, the center either accepts the application or refuses to register.
• Examination of the application on the merits. Expertise is carried out only in case of a positive answer based on the results of the second stage. She fixes the result and gives consent to register the patent.
• Registration and issuance of a trademark certificate. After paying the fee, the center registers the trademark in the State Register.
List of required documents for registration
In order to correctly submit an application and not face a refusal, you must collect the following documents:
• Request. The application must contain personal data, a description of the object (the detail of the object's protection will depend on your description), its formula, drawings and an abstract.
• Check of payment of the duty. The fee is paid at the first stage of the application. Its size can be checked with the center staff, they will calculate the amount depending on your trademark.
• Power of attorney addressed to the representative. If you are using the services of a specialist in patent matters, you need to attach a power of attorney with your signature.
If you attach the necessary documents in a foreign language, be sure to provide their translation into Russian with a certified notary seal.
Patent registration period
A utility model patent is registered for a period of 5 years, after which you can renew it. The extension is carried out for a period of 3 years.
A design patent is registered for a period of 10 years, after which you can renew it. The extension is carried out for a period of 5 years.
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