An invention is a technical solution in any field of technology that may be granted patent protection if it meets the patentability criteria: novelty, inventive step and industrial applicability.
An invention may be a product, such as a device, substance or composition, a method, or a new use of a known product or method.
Patent protection is granted after examination of the application and subject to compliance with the requirements of the applicable law.
The invention must not be known from publicly available information anywhere in the world before the priority date.
The invention must not be obvious to a person skilled in the art in view of the prior art.
The invention must be capable of use in industry or another field of activity.
Inventions may cover different types of technical solutions depending on their nature and field of application.
A patent search is conducted to identify prior art, preliminarily assess patentability and determine the possible scope of legal protection.
The application includes a description, claims, drawings (if necessary) and an abstract.
The patent office checks completeness of documents and compliance with formal requirements.
The invention is examined for novelty, inventive step and industrial applicability.
After a decision to grant the patent and payment of the applicable fees, the information is published and the patent enters into force in accordance with the law of the relevant country or regional system.
The patent gives the patent holder the right to prohibit third parties from using the invention without consent and to dispose of the exclusive right.
The invention may be licensed to third parties under commercial agreements.
Patent rights may be transferred or sold as part of business strategy.
The invention may be used in the patent holder’s own production, licensed to third parties, used in attracting investment or in joint projects.
As a rule, the term of protection for an invention patent is 20 years from the filing date, subject to timely payment of annual maintenance fees.
National filing may be appropriate where protection is needed in a specific country or where obtaining a patent directly in a particular country is preferred.
Belarus · Kazakhstan · Russia · Poland · Lithuania
Regional patent systems may be preferable where several countries in one region are commercially relevant.
The PCT procedure does not result in the grant of an international patent, but allows the applicant to postpone the choice of countries for patenting and preserve the right to later enter the national or regional phase.
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.
Where the solution is technically complex, has a high inventive level and requires long-term, robust legal protection based on substantive examination.
Where the solution is practical and device-related, and faster protection is more important than depth of examination.
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 generally provide greater stability in the event of possible challenges.
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 the scope of legal protection.
Publishing or presenting the invention before filing may destroy novelty and make patent protection impossible in many jurisdictions.
Weak or excessively narrow claims may limit the scope of legal protection and reduce the commercial value of the patent.
Filing an application without understanding the prior art may lead to refusal or unnecessary costs.
An incorrect combination of national, regional or international routes may increase costs and reduce flexibility.
Waiting too long before filing may lead to loss of priority or missed commercial opportunities.
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.