Inventions

Devices, parts, articles, complexes, sets (kits), methods (e. g. for chemical synthesis, hydrocarbon extraction, treatment, etc.), software (algorithms), substances, chemical compounds, compositions (mixtures), medicines, cells of micro- and macro-organisms, genetically modified organisms, and more.

Yes, an invention must be new, non-obvious, and applicable in human activities. Additionally, for a successful patent application, certain drafting requirements must be met, such as sufficient disclosure of the essence of the invention, among others.

A patent confirms your exclusive right to the invention, which includes a monopoly on its use, including production, sale, import, and more. This also provides the opportunity to generate additional income by licensing the invention to third parties. The right can be transferred for temporary use, sold, pledged, inherited, or included in the charter capital.

You can try to keep the information secret, but there is a risk that someone else might patent the same invention and prohibit you from using it. In some cases, a patent is simply indispensable (e. g., for new medicines).

You need to compare the alleged infringing product with the patent claims, as they define the scope of protection. In order to ensure appropriate claims drafting and to establish whether an infringement takes place, it is recommended to consult your patent attorney.

20 years, and for medicines, agrochemicals, and pesticides – up to 25 years.

Generally, a separate patent must be obtained in each country. However, there are also regional patents; for example, in addition to a Russian patent, it is possible to obtain a Eurasian patent, which is valid in a number of former Soviet Union countries, including the Russian Federation. If a company wants to enter the international market, it is necessary to ensure the protection of its rights in all markets of interest, which can be done by filing an international application in accordance with the Patent Cooperation Treaty (PCT), followed by obtaining national and regional patents.

Initially, it is advisable to send a cease-and-desist letter to the infringer. If they refuse to stop using the invention, you should consider taking a legal action.

You can try to negotiate a license to use the invention. If the patent holder refuses and does not use the invention themselves, you can compel them to grant a license. In some cases, the patent can be invalidated.

A freedom-to-operate analysis should be conducted by your patent attorney.

First, determine whether infringement actually exists by obtaining an opinion from your patent attorney. It is also worth checking whether the patent in question can be invalidated.