Saratov University scientists patent at least 30 inventions and utility models per year. A patent gives the owner a monopoly right to use the object of patenting (invention, utility model or industrial design) and prohibit others from using it for a limited period. Natalia Romanova, Head of the SSU Patent Services Center, Patent Attorney of the Russian Federation and Eurasia, member of the Chamber of Patent Attorneys of the Russian Federation and the St. Petersburg Board of Patent Attorneys, member of the Appeal Commission of Rospatent, tells about what can be patented, how the procedure for registration of a security document goes, what is the main thing in the work of a patent attorney and whether it is possible to invent a bicycle, member of the Public Council at the Saratov UFAS of Russia.
—— What can become the object of patenting?
— The object of patenting is an artificially created technical solution. You can patent everything from a needle to a spaceship. The main thing is that the invention has global novelty, non—obviousness and is applicable in any branch of the national economy. What can be invented? Firstly, the device is some kind of new design solution. This does not mean that the author came up with everything from beginning to end. He can take as a basis something already known in technology, the same bike, and improve it. If we type the word "bicycle" in the patent database, we will drown there. Everyone is coming up with something and is still inventing it. There is always something improving in technology, so it develops. Secondly, technology is a method of obtaining something or a method of measurement. Thirdly, it is possible to invent a substance or composition, for example, a wound dressing. Our university has a wide range of such developments. We conduct educational courses for students, postgraduates, university staff, they already understand what can be patented. A simple device can be patented as a utility model. But the design of the appearance of the product is the subject of patenting as an industrial design.
— What are the duties of a patent attorney?
— The main task of the Patent Services Center is to draw up an invention formula. This is the main legal part of the patent, according to which it is determined whether the patent is violated, whether to pay the author money. The requirements for the formula are very complex and strictly systematized. For example, you need to write a formula in one sentence, sometimes it stretches to 20 sheets. This formula lists the features of the invention. The patent attorney should know in what order and how to list them. Even the author, who has many patents, constantly makes mistakes. Our task is to write the formula so that it is not narrow, so that the patent cannot be circumvented, so as not to include something insignificant there. You will write an extra word, and the fact of patent infringement will not be established. Our task is to ensure the scope of rights corresponding to the invention.
In addition, we conduct a patent search through databases and find the closest analogues, since in the description we must reflect the state of the art known at that moment.
Initially, a patent attorney is designed to help foreigners. No foreigner can patent inventions in Russia without the services of a patent attorney, just as a Russian cannot patent anything abroad without a foreign attorney. To work with Russian authors, the title of patent attorney is not required, it is not necessary to pass an exam, it is enough to be an experienced patent examiner.
— How does a patent attorney manage to understand all areas of science and technology?
— When drawing up a description and a formula, the patent specialist is guided by formal logic. The main thing is to ask the question correctly, even if you don't know the topic deeply. In addition, the Internet and experts to whom you can turn come to the rescue. I made the last application in organic chemistry. When you see chemical terms and formulas, you can get scared. We invited an expert, an employee of our university, and managed to ask questions in such a way that then he left very surprised. He said: "I don't understand in any way: you are not an expert in organic chemistry, but you wrote it so that it is a song. I would never write like that in my life." It's an experience. To become a patent attorney, you need at least four years of practice after receiving higher education: writing, writing and writing. Only then will you be allowed to take the exam for a patent attorney.
— How does the patenting procedure work?
— The first thing that starts the patenting procedure is the author notifies the university that he has invented something. Sometimes we ourselves find developments in articles that can be patented. Then the scientists answer our questions: what they came up with, for what money they came up with it, on whose initiative, under what contract or grant, and briefly describe the essence of the invention. After that, we assemble a commission that decides whether the university really needs this invention. Further, the procedure for the settlement of relations with the authors takes place. If the development is carried out on an official assignment, then the rights to the invention automatically pass to the employer, that is, to the university. The patent has several subjects. Initially, all rights always belong to the author of the invention, because a legal entity cannot create anything - only a person can get the result of intellectual activity. The author may patent the invention for himself, may transfer the rights to another person, or the rights may pass to the employer by virtue of the law. Therefore, the author, who is not the copyright holder, has the right to remuneration, but the university already has the right of ownership and disposal.
There are many initiative inventions at our university that the authors could patent themselves, but since patenting is associated with financial costs, scientists are happy to transfer the rights to SSU, and the university pays them a fee for the transfer of rights. If the invention begins to be produced, an agreement is concluded on the terms of payment for use. But since we do not have our own production base, our use is actually the sale of a license. That is, permission for someone else to use this invention.
Then the work of our Patent Services Center begins. Sometimes we open the author's eyes to what he invented. Despite the fact that in the morning they may come to us with an application from the field of medicine, in the afternoon — from the field of physics, and in the evening they will invent a bicycle, the patent attorney always knows what questions to ask in order to get the necessary information from the author and correctly formulate the advantages of his development. To obtain a patent for an invention, utility model or industrial design, we must prepare a certain set of documents. The main document is a description of the invention, which has become very structured over the years of the patent system. All over the world, the description of an invention, whether it is an American or Chinese patent, is a very structured document. First comes the bibliography: authors, copyright holder, date of invention, date of publication. Then there is a description of the invention, also rigidly structured: the name of the invention, the field of technology, what was already known in technology and why it was bad, why the task arose to create something, what problem this invention solves, what results were obtained, examples of specific applications.
— What is the difference between an invention, a utility model and an industrial design?
— The criterion of invention is non—obviousness. The solution should not be a simple engineering design. If an engineer is tasked with making a stainless object and he simply takes information about stainless material from the directory and makes an order, this is not an invention. If he chose some material and as a result received an unobvious result, for example, an increase in the speed or service life of the device, this will already be an invention.
A utility model is a small device that fits in one box. This is an innovative proposal to improve the existing device. The main thing is that it should be new in a specific area. The validity period of security documents is also important, of course. If a patent for an invention is valid for 20 years, then a monopoly on a utility model is granted for 10 years (with annual renewal of patents, that is, payment of state duty).
Industrial designs are design, appearance. Everything that surrounds us is design solutions. The shape of the screen, glasses, furniture, shoes. There are not so many industrial designs at our university — no more than 20 for all the years.
—— What field of technology do the inventions created recently belong to?
— Inventions in the field of physics and measuring technology are leading today. Doctors and chemists are also not far behind. Geological inventions are isolated. Inventions in the field of medicine using optical means should be noted. Animal behavior studies, inventions in the field of targeted drug delivery, and cancer control using nanoparticles that do not damage healthy tissues are popular. Since this is the age of computerization, we often design computer programs. But this is an object of copyright, not patent law.
— Which inventions have become the most advanced over the past year?
— Probably, the research of deep sleep by a team of authors under the leadership of O.V. Semyachkina-Glushkovskaya, methods of skin enlightenment under the leadership of V.V. Tuchin. An actual invention of G.G. Akchurin is a mask for fighting COVID-19. Negotiations are underway with the company on the introduction of this invention. Promising for use are the inventions of a new variety of gladiolus "Cherry drop" and non-woven material for creating photosensors.
Polina Gromova
