What is an invention?
Inventors are familiar with the situation when ill-wishers or competitors in all possible ways seek to take possession of their author’s developments. In order to avoid this, they resort to protecting their invention. How can this be done? By registering copyright or obtaining a patent for an invention.
In this article, we will take a closer look at what is copyright for an invention and how it can be protected.
An invention is a specific technical solution in any area of life that is related to a product or process (method).
Also, an invention can be considered an innovative approach only if it is new, has a certain inventive step and can be applied in industry. In this case, the innovative approach will receive legal protection.
New is the invention that has not been mentioned in any branch of technology. In turn, inventive step is a qualitative indicator of an invention, which must meet at least one of three conditions:
- the first author of this problem;
- the author was the first to suggest this solution to the problem;
- the author was the first to suggest using certain mechanisms to solve the problem.
There are situations when the solution to a certain problem is new and applicable to industry, but at the same time there is a solution to a well-known problem, which occurs due to well-known mechanisms. This solution does not contain a research level, therefore it cannot be patented.
What are the features of copyright for an invention?
When an author wishes to obtain protection for his invention, then the best way to patent it is to obtain a patent or register his copyrights.
According to Ukrainian legislation, inventions can be patented in three forms:
- as an invention;
- as a utility model;
- as an industrial design.
All of the above forms of invention can be granted protection only after the necessary state registration has been completed. An application for registration is submitted directly to Ukrpatent, it is here that the control and protection of objects in the field of intellectual property takes place.
Important to know! You cannot apply immediately. All relevant documents and information must be collected. In addition, first of all, it is worth determining what exactly you want to obtain a patent for (invention, utility model or industrial design).
What is the difference between an invention and a utility model?
Experts, whose activities are aimed at registration of copyrights and patenting, highlight certain distinctive characteristics between an invention and a utility model. Let’s talk about this in more detail.
So, let’s start with a utility model. This object will be protected by copyright only when it is a product, product or mechanism that is physically designed.
It is also necessary to remember that a prerequisite for obtaining a patent is the requirement of novelty. What does this mean? The author will receive a patent for an invention only if his copyright object meets the requirements of novelty and usefulness to society.
Let’s talk about timing, because there are some differences here too. Thus, a patent for a model will be valid for 10 years, but a patent for an invention will be under state protection for 20 years. Speaking about the terms of consideration of an application for obtaining a patent, here they are less relative to a utility model than regarding an invention.
It is necessary to remember about the industrial design. When obtaining a patent for a given object, it must be new, original and unusual. The term of a patent for an industrial design is twenty-five years.
During the registration of copyright, there is such a procedure as double examination. What it is? After the application and all the necessary documents are submitted, the verification stage begins. Initially, there is a formal check for the presence of all documentation. Later, experts analyze the invention directly, establish its patent capacity. A patent for an invention, verification of which was successful, receives a permit, and the author is issued a corresponding Certificate.
Our experts advise all authors to obtain a patent for their invention as early as possible. If you are sure that your patent object meets all the existing requirements, then you should not delay registration. So you will protect your copyrights from competitors and ill-wishers and will be able to protect them in court.
Unfortunately, very often there are situations when unscrupulous competitors steal or copy successful inventions. All authors try to avoid this. However, the surest solution would be to simply obtain a patent for an intellectual property object.
This procedure takes time and requires special knowledge, so most seek professional help. Our company has been providing services in the field of intellectual property for 10 years, and during this time we have received more than 400 patents. Our principles of work are professionalism, timeliness, availability, confidentiality and individual approach.
Leave a request on our official website – get a free consultation from a specialist!
Interesting? Find out more! For example about technical inventions that have radically changed human life .
Position: Lawyer in the field of intellectual property
Work experience: 8 years. Candidate of Legal Sciences.
Specialization: Deals with the protection and registration of intellectual property objects, writing claims and statements of claim. Registers objects in the customs register.
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