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Space2015-10-22 18:08:11
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Space, 2015-10-22 18:08:11

How to make a patent?

Full 0 in patents. How can you patent your invention. For example, let's take - I came up with a super-booper phone, which is something there. By itself, the phone does not work at all, it is fundamentally different, namely, it has a special type of connection between such phones as itself. It has software that makes it so. The software is also written by me.
I think I was able to illustrate what I need to patent - a physical object, a development, with my own software, which makes it unique. All this comes in a kit. Those. You can not put the software on another "phone".
Where to dig?

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4 answer(s)
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Stanislav Fedorov, 2015-10-30
@ruslite

Let me tell you briefly where and how to dig.
In my opinion, to begin with, it makes sense for you to answer for yourself the question "what do I want to achieve by patenting?", Then - to the question "how will I finance the work on patenting?" and, finally, "what the hell do I need it for?".
For express planning, it is quite possible to assume that the cost of patenting an invention per application is about $10k in each country for 10 years (this is the average life of a patent); mass-produced products are usually patented in 10-20 countries with the most attractive markets.
If everything is OK with existential questions and the expenditure side, then the algorithm is simple:
- formulate your technical solution so that someone else besides you can understand it;
- conduct a patent search and make a preliminary forecast of the patentability and patentability of the considered technical solution;
- draw up a patent application (for telecom and IT, an average application contains 30-50 description pages, 3-5 independent claims, 30-50 dependent claims, 10-15 illustrations);
- regulate the relationship between the authors of the invention and employers, between customers and performers of R & D, co-authors of the invention among themselves, it may also be necessary to resolve issues with investors - they may have their own views on your inventions;
- develop and approve a strategy and route for foreign patenting;
- pay fees and submit the first (priority) and subsequent (subsidiary) applications in the countries of interest to you in accordance with the approved route;
- pass the examination procedure in the patent office of each country;
- obtain patents or refusals;
- refusals to appeal;
- on received patents, fight off the objections of competitors (it is very likely that they will try to cancel your patents immediately after publication and cancel them if the applications were drafted hackily);
- on received patents, pay fees for maintaining patents in time;
- constantly monitor the market for possible infringements of your patent rights in all countries where you have patents;
- prosecute violators in all countries where you have patents;
- fight off attempts to cancel your patents by infringers of these patents (by the way, any patent dispute in court abroad costs at least several hundred k$);
- constantly submit new applications, because technology does not stand still (the average patent portfolio of a mature startup is about 10 patents and "live" applications).
Yes, I forgot, because in addition to patenting inventions, you will most likely need to register at least one trademark - also in all countries of interest to you and the cost of this is comparable to patenting an invention, and also take the appropriate domains in international and national zones. You may also want to patent product designs (these are design patents) and deposit software.
In general, it will not be boring, I promise :)
It is clear that it makes sense to do all this if the profit from the sale of your products is approximately 10 times higher than the total costs of intellectual property. Or if this activity is purposefully financed by investors.
Well, in general, something like this ...

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Vladimir Martyanov, 2015-10-22
@vilgeforce

If you are zero, contact lawyers who deal with patent law.

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Elizaveta Borisova, 2015-10-22
@Elizaveta

I am also not a patent lawyer, but approximately:
you can file a national patent (RF), and even theoretically cope with the minimum help of lawyers. From the moment of filing, you will have a year of right to file for an international patent (US), this is not done without licensed law firms, the budget at the current rate is good, an investment will be required.
The registration procedure takes place in several stages, including a novelty check, you need to first check your idea against all patent databases and make sure that it is new.

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Yuri Udovichenko, 2015-10-23
@Aquary

Patents can be given for different objects - for example, for an invention, for an algorithm, for an industrial design. You need to understand what exactly you want to submit. Next - to conduct a patent search, because it is likely that someone has already come up with it. And this is just the beginning.
Preparing a patent and filing it in different countries is a costly business both in terms of time and money. Applying for a patent just for fun is a bad strategy. You need to understand what you want to get from it in the future - whether you will sell it to someone, sue someone, show it as an asset when attracting investments, etc.
Your option is to come to a lawyer in the field of intellectual property protection, so that he will explain to you step by step what it is, why it is, what it gives and what to do next.

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