Invention Patents

An invention is a technical solution protected by a patent where it meets the criteria of novelty, inventive step and industrial applicability.

An invention is a technical solution in any field of technology. It may relate to products, devices, methods, substances or new uses of known solutions.

Patent protection is granted only where the invention satisfies specific legal requirements and passes examination by the relevant patent authority.

Patentability Criteria

Novelty

The invention must be new and not disclosed anywhere in the world before the filing date.

Inventive Step

The solution must not be obvious to a специалист in the relevant technical field.

Industrial Applicability

The invention must be capable of practical use in industry or commerce.

What Can Be Protected

Inventions may cover different types of technical solutions depending on their nature and field of application.

  • Devices and technical systems
  • Methods and processes
  • Chemical substances and compositions
  • Biotechnological solutions
  • New uses of known products or methods

Patent Grant Procedure

Patent Search

Before filing, a search is conducted to identify prior art, assess patentability and define the scope of protection.

Filing of the Application

The application includes a description, claims, drawings (if necessary) and an abstract.

Formal Examination

The patent office checks completeness of documents and compliance with formal requirements.

Substantive Examination

The invention is examined for novelty, inventive step and industrial applicability.

Grant of the Patent

After a positive decision and payment of official fees, the patent is granted and enters into force.

What Rights Does a Patent Provide

Exclusive Use

The right holder controls use of the invention and may prohibit unauthorised exploitation.

Licensing

The invention may be licensed to third parties under commercial agreements.

Assignment

Patent rights may be transferred or sold as part of business strategy.

Commercialisation

The invention may be used in production, investment, partnerships and market expansion.

Term of Protection

Patents are typically valid for up to 20 years, subject to maintenance fees.

Invention Protection Routes

National Invention Routes

National filing may be appropriate where protection is needed in a specific country or where national prosecution strategy is preferred.

Belarus · Kazakhstan · Russia · Poland · Lithuania

Regional Patent Routes

Regional patent systems may be preferable where several countries in one region are commercially relevant.

Eurasian Patent for Inventions · European Patent Office

International Filing Route

The PCT procedure does not itself grant an international patent, but helps preserve filing options before national or regional phase entry.

PCT Procedure

When to Choose an Invention Patent or a Utility Model

The choice between an invention patent and a utility model depends on the technical complexity of the solution, the desired timing and the commercial strategy.

Choose an Invention Patent

Where the solution is technically complex, involves a strong inventive concept and requires long-term, robust protection supported by substantive examination.

Choose a Utility Model

Where the solution is practical and device-related, and faster protection is more important than depth of examination.

Use a Combined Strategy

In some cases, both routes may be used together to obtain early protection while pursuing stronger patent protection in parallel.

Important: Utility models are usually faster and easier to obtain, while invention patents provide stronger and more reliable protection.

Common Mistakes Before Filing

Many risks in patent protection arise before the application is even filed. Early mistakes may significantly reduce the chances of obtaining a patent or weaken its scope.

Public Disclosure Before Filing

Publishing or presenting the invention before filing may destroy novelty and make patent protection impossible in many jurisdictions.

Poorly Drafted Claims

Weak or narrow claims may limit the scope of protection and reduce the commercial value of the patent.

No Prior Patent Search

Filing without understanding the prior art may lead to refusal or unnecessary costs.

Wrong Choice of Protection Route

Choosing the wrong combination of national, regional or international routes may increase costs and reduce flexibility.

Delayed Filing Strategy

Waiting too long to file may lead to loss of priority or missed commercial opportunities.

Ignoring Commercial Strategy

Filing without considering markets, licensing or enforcement may result in protection that is legally valid but commercially ineffective.

Important: Patent protection should always be aligned with both technical characteristics of the invention and the intended business strategy.

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