What can be patented and what cannot

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The state grants a person exclusive rights to an invention only if it is original, useful and innovative. Patents will not be issued for ideas, theories and discoveries. It is important that the invention be industrially applicable and useful (clause 4, Article 1350 of the Civil Code of the Russian Federation) .

The invention must be described so clearly and completely that any specialist in this field can implement and use it. In addition, the invention must not have been patented by anyone before, and its detailed description must be kept secret and not published anywhere before the application is filed.

In this article we will talk about patents for inventions, but here is a short list of what can and cannot be patented:

It is forbidden Can
Scientific discoveries and mathematical methods

Thoughts, ideas without material expression

Software

Solutions that concern only the appearance of products

Rules and methods of games

Plant varieties, animal breeds

Architecture (except decorative elements)

Shapeless objects made of gas, liquid and other substances

Methods of human cloning, genetic modifications and other ideas that run counter to public interests, humanity and morality Technical solutions: e.g. device, substance, strain of microorganism

Utility models: minor or insignificant improvements to existing products

Trade secrets: industrial designs, trademarks, recipes
How to Patent Your Invention
No matter how brilliant the invention may be, think about how viable it is and what the benefit of its protection by the state will be. The fact is that obtaining a patent and its extension is a difficult and expensive matter. But if the game is worth the candle and you are ready to track cases of infringement of your patent rights and even sue plagiarists, here is a step-by-step instruction for you.

Step 1. Search for analogues
40 million
- that's how many patents have been issued worldwide
The first thing you need to do is check whether your buy italy phone data invention is unique: suddenly someone has beaten you to it and patented a similar idea or product. There are two ways to find out:

1. Contact patent attorneys who will check the patent databases of Russia and industrialized countries. In this case, the bureau considers all similar solutions, even those that are not protected by patents. The disadvantage of this method is that it is expensive: be prepared to pay 20 thousand rubles for this stage.

2. Search the Rospatent database , the European Patent Office , and the database of foreign patent offices yourself . Before searching, check the directory to see what class your invention belongs to. Inventions and utility models are divided into classes so that you can easily find the right one among many patents. There are cases when an invention belongs to several classes: for example, it is made of different materials. In this case, you will need to search for an analogue of the invention in several classes.

Handbook of the International Patent Classification
in Russian and English
The search should not be limited to the patent database. Your idea may not be patented if someone has already written about it in a scientific journal, talked about it at a conference, or used it in commercial activities. Therefore, look for analogs in scientific and technical journals, subject reference books, dissertations, commercial publications, and newspapers.

Once you are sure that your invention is unique, move on to the second step.