In Russia, there are two forms of legal protection for technical solutions — a patent for an invention and a patent for a utility model. As an invention, technical solutions related to devices, substances, biotechnology products, and methods are protected, while as a utility model, solutions related only to devices. Patenting devices as utility models is an alternative to patenting them as inventions. Compared to patenting inventions, it has a number of differences to consider in case of choosing a form for legal protection. In this way, less stringent patentability requirements are set for a utility model, with less time for proceedings in a patent office. However, the patent term for a utility model is in fact two times less than for a patent for an invention. A patent for a utility model is harder to invalidate. At the same time, with establishing the infringement of a patent, the doctrine of equivalents is not applied. Other differences are also considered, as well as recommendations given for choosing a form for patent protection
Keywords: invention, utility model, patent, alternative, choice, management of intellectual property
- The Patent Law of the Russian Federation. № 3517-1 of September 23, 1992.
- The Civil Code of the Russian Federation. Part 4. № 230-FZ of December 18, 2006.
- V. A. Meshcheryakov. A device as an object of a utility model//Journal of the Intellectual Property Court. 2015. September, № 9. P. 67-78.
- Requirements for documents of an application for a patent for a utility model. Approved by order of the Ministry of Economic Development of Russia, № 701 of September 30, 2015, take effect from January 27, 2016.
- Yu. I. Buch. The device of the fatherland//J. The Patent Attorney. 2016. № 3. P. 11-19.
- The information search procedure for examination of a patent application for an invention and the submission of a search report. Approved by order of the Ministry of Economic Development of Russia, № 316 of May 25, 2016.
- Rules for filing objections and applications and their consideration by the Patent Litigation Chamber. Approved by order of RUPTO, № 56 of April 22, 2003.
- Federal Law № 35-FZ of March 12, 2014 «On Amendments to Parts One, Two, and Four of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation».
- I. E. Mamiofa. Equivalents in patent practice. Leningrad: LDNTP, 1979.
- Instructions for the examination of technical objects for non-infringement quality. Approved by Resolution of the State Committee of the Council of Ministers of the USSR for Inventions and Discoveries, dated January 29, 1974.
- Instruction for paying remuneration for discoveries, inventions and rationalization proposals. Approved by Chairman of the State Committee of the Council of Ministers of the USSR for Inventions and Discoveries, dated January 15, 1974.